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10-09-2019Ej)GEW TER Wednesday, October 9, 2019 City of Edgewater Meeting Agenda Planning and Zoning Board 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL 2. APPROVAL OF MINUTES a. Regular Meeting - August 14, 2019 Attachments: 08-14-19 Minutes b. Regular Meeting - Setpember 25, 2019 Attachments: Minutes 3. OLD BUSINESS -PUBLIC HEARING a. VA-1918 - Anthonv Adorante reauestina a variance from the Land Development Code for property located at 1716 Mango Tree Drive b. VA-1921 - Charles Porter requesting a variance from Land Development Code for property located at 207 Hubbell Street. Attachments: Location Map Aerial Map Aerial View Survey Plans C. VA-1922 - Frederick Peyton, requesting a variance from the Land Development Code for property located at 405 Erskine Drive. Attachments: Location Map Aerial Map Street View Survey Plan City of Edgewater Page 1 Printed on 101312019 Planning and Zoning Board Meeting Agenda October 9, 2019 d. VA-1923 - Leonel Masci reauestina a variance from the ParkTowne Industrial Center PUD (Planned Unit Development Aareement) for property located at 427 Timaauan Trail. Attachments: Location Map Aerial Map Plan Overhead View Street View Survey FAA Determination e. ZA-1902 - Constance Silver reauestina to repeal and restate the Julinaton Oaks PUD Agreement for development now known as Lakeview Estates. Attachments: Location Map Aerial Map PUD Agreement Master Plan f. Amendment to Article XVII (Development/Impact Fees) of the Land Development Code Attachments: Article XVII (Development -Impact Fees) 4. NEW BUSINESS - PUBLIC HEARING a. CPA-1909: Glenn D. Storch. reauestina an amendment to the Comprehensive Plan Future Land Use Map to include 17.29± acres of land located at 3757 S. Ridaewood Avenue and the two vacant parcels to the south as Medium Density Residential with Conservation Overlay. Attachments: Aerial Map Location Map Future Land Use Map Conceptual Plan b. FP-1902 - Michael J. Good, reauestina Final Plat approval for the Woodbridge Lakes subdivision. Attachments: Aerial Aerial View Location Map Final Plat 5. DISCUSSION ITEMS City of Edgewater Page 2 Printed on 101312019 Planning and Zoning Board Meeting Agenda October 9, 2019 a. Development Services Director's Report b. Agency Member's Report 6. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 3 Printed on 101312019 City of Edgewater City of �UGEWATER Meeting Minutes Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, August 14, 2019 6:30 PM Council Chambers 1. CALL TO ORDER, ROLL CALL Present 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane and Burton Maroney Excused 1 - Michael Eichhorn Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES a. Regular Meeting - July 10, 2019 A motion was made by Mr. Hatcher, second by Mr. Wright, to approve the Minutes of July 10, 2019. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn 3. OLD BUSINESS -PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a. AN-1904 - Constance Silver requesting annexation of 10± acres of land located at 425 Clinton Cemetery Road. Mr. Lear provided the background and staff recommendation for the request. Chairman Kennedy opened the public hearing. Constance Silver, 585 Technology Park, Lake Mary, stated she was available to answer any questions. Mr. Andrejkovics asked what the overall size of the PUD would be; Ms. Silver stated it would be approximatley 38 acres. Mr. Andrejkovics then asked additonal questions regarding the future development. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Maroney, to send a favorable City of Edgewater Page 1 Printed on 911912019 Planning and Zoning Board Meeting Minutes August 14, 2019 recommendation to City Council for AN-1904. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn b. CPA-1907 - Constance Silver requesting an amendment to the Future Land Use Map to include of 10± acres of land located at 425 Clinton Cemetery Road. Mr. Lear provided the background and staff recommendation for the request. Chairman Kennedy opened the public hearing. Chairman Kennedy asked how many units per acre were permitted with Low Density Residential; Mr. Lear replied four (4). There being no further discussion, Chairman Kennnedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Hatcher, to send a favorable recommendation to City Council for CPA-1907. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn C. VA-1918 - Anthony Adorante requesting a variance from the Land Development Code for property located at 1716 Mango Tree Drive Mr. Lear provided the background and staff recommendation for the request. Chairman Kennedy opened the public hearing. Anthony Adorante, 1716 Mango Tree Drive, stated the plan will be modified to construct the building out of block rather than metal. Mr. Andrejkovics asked Mr. Adorante to confirm the material the building would be constructed from; which he reiterated would be block, not metal. Mr. Wright asked if the building would be 12 feet in height; Mr. Adorante stated it would be, to allow for a 10 foot door. Bill Rossitter, 1712 Mango Tree Drive, spoke about the proposed construction and how it would exceed the maximum impervious coverage permitted; Mr. Lear advised the Board that the request did not exceed the requirement. Mr. Rossitter commented further on the proposed construction and his opinion on how it should be done. City of Edgewater Page 2 Printed on 911912019 Planning and Zoning Board Meeting Minutes August 14, 2019 There was discussion regarding the distance between the house and proposed structure; Mr. Adorante stated they have been looking at additonal options for how and where to construct the proposed garage. Mr. Hatcher provided a suggestion on how to connect the two buildings to avoid future issues with stormwater. Mr. Andrejkovics asked if he was willing to adjust the plan based on the discussion; Mr. Adorante stated he was. Mr. Lear suggested continuing the request to the next meeting to allow the applicant to revise the plans. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Wright, to continue this item to the September meeting. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn d. VA-1919 - Michael Julian requesting a variance from the Land Development Code for property located at 105 Carlson Cove. Mr. Lear provided the background and staff recommendation for the request. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Duane, to approve VA-1919. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn C. VA-1920 - Linwood Twyman requesting a variance from the Land Development Code for property located at 1407 36th Street. Mr. Lear provided the background and staff recommendation for the request. Chairman Kennedy opened the public hearing. Linwood Twyman, 140736th Street; provided additional clarification as to the location of' the proposed carport. Mr. Hatcher asked if a driveway apron was required; Mr. Lear confirmed the driveway is constructed to the pavement. City of Edgewater Page 3 Printed on 911912019 Planning and Zoning Board Meeting Minutes August 14, 2019 There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to approve VA-1920. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney Excused: 1 - Michael Eichhorn 5. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear requested the September meeting be moved to the third Wednesday, due to his annual Planning conference. Due to several other conflicts it was determined the meeting would be held on the fourth Wednesday, September 25, 2019. b. Agency Members Report Mr. Andjrekovics stated there was no Economic Development Board meeting. He then asked the Board if they felt they are being too lenient with approving variances. Mr. Maroney felt they should be looked at on a case by case basis. Mr. Hatcher felt they should push for accessory structures to be more consistent with the primary structure. 6. ADJOURN There being no further discussion, the meeting adjourned at 7: 02 p.m. Minutes Respectfully Submitted By: Bonnie Brown Senior Planner City of Edgewater Page 4 Printed on 911912019 City of vD GE WATER Wednesday, September 25, 2019 City of Edgewater Meeting Minutes Planning and Zoning Board 1. CALL TO ORDER, ROLL CALL 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Roll determined there to be a lack of quorum. Chairman Kennedy apologized to those present and stated all items on the agenda will be added to the October 9, 2019 meeting agenda. Present 4 - George Kennedy, Robert Andrejkovics, Thomas Duane and Burton Maroney Excused 2 - Chris Hatcher and Paul Wright Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES a. Regular Meeting - August 14, 2019 3. OLD BUSINESS -PUBLIC HEARING a. VA-1918 - Anthony Adorante requesting a variance from the Land Development Code for property located at 1716 Mango Tree Drive 4. NEW BUSINESS - PUBLIC HEARING a. VA-1921 - Charles Porter requesting a variance from Land Development Code for property located at 207 Hubbell Street. b. VA-1922 - Frederick Peyton, requesting a variance from the Land Development Code for property located at 405 Erskine Drive. C. VA-1923 - Leonel Masci requesting a variance from the ParkTowne Industrial Center PUD (Planned Unit Development Agreement) for property located at 427 Timaquan Trail. d. ZA-1902 - Constance Silver requesting to repeal and restate the Julington Oaks PUD Agreement for development now known as Lakeview Estates. e. Amendment to Article XVII (Development/Impact Fees) of the Land Development Code 5. DISCUSSION ITEMS a. Development Services Director's Report City of Edgewater Page I Printed on 101212019 Planning and Zoning Board Meeting Minutes September 25, 2019 Agency Member's Report 6. ADJOURN The Meeting adjourned at 6:36p.m . Minutes Respectfully Submitted By. - Bonnie Brown Senior Planner City of Edgewater Page 2 Printed on 101212019 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 EDGEWATER Legislation Text File #: VA-1918, Version: 3 ITEM DESCRIPTION: VA-1918 - Anthony Adorante requesting a variance from the Land Development Code for property located at 1716 Mango Tree Drive OWNER: Anthony and Kimberly Adorante REQUESTED ACTION: Variance approval to allow a 500 square -foot shed/detached garage and a 300 square -foot covered patio to be located five -feet (5') from the side property line in lieu of the required 10-feet. Background: This request was continued from the August 7, 2019 meeting to allow the applicant time to work with his neighbor to come up with a plan that would create less impact on the adjacent property. The applicant has requested to continue to the item until a future date as he has been unable to dedicate enough time, due to work obligations, to put together a better plan for the proposed garage. Adjacent property owners will be notified of the hearing date once it is determined. RECOMMENDED ACTION Motion to continue VA-1918 to a future date. City of Edgewater Page 1 of 1 Printed on 10/3/2019 powered by LegistarTM E13 File #: VA-1921, Version: 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: VA-1921 - Charles Porter requesting a variance from Land Development Code for property located at 207 Hubbell Street. OWNER: Charles Porter and Cynthia Nichols REQUESTED ACTION: Variance approval to allow a covered patio to be located 26-feet from the front property line in lieu of the required 30-feet, per Section 21-50.02, Table V-1. LOCATION: 207 Hubbell Street AREA:.49 acres PROPOSED USE: Covered patio CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FL UM Designation Zoning District North Single Family Residence Low Density Residential R-3 (Single Family Residential) East Single Family Residence Low Density Residential R-3 (Single Family Residential) South Single Family Residence Low Density Residential R-1 (Single Family Residential) West Single Family Residence JLow Density Residential IR-3 (Single Family Residential) Background: The subject property contains a 4,857 square -foot single family residence originally constructed in 1962; with an addition constructed in 2000. There is an existing 271 square -foot covered porch on the front of the residence; the applicant is proposing to add 498 square -feet to the patio 26-feet from the front property line. The existing patio is 32.9-feet from the front property line; with a portion of the residence being 29.5-feet from the front property line. All stormwater runoff created by the addition will be required to be directed away from adjacent properties, and shall be addressed during the permitting process. Adjacent property owners were owners were notified of the request on September 13, 2019; staff has not received any objections. City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: VA-1921, Version: 2 Land Use Compatibility: The proposed addition to the front patio is consistent and compatible with residential development and will not adversely affect adjacent properties. Adequate Public Facilities: NA Comprehensive Plan Consistency: NA RECOMMENDED ACTION Motion to approve VA-1921. 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EDGEWATER, FL 32132 GENERAL NOTES 1. ALL FASTENERS AND 'HURRICANE TIES' TO BE SIMPSON ARCHITECTURAL SERIES WITH BLACK POWDER COAT, OR STAINLESS STEEL, OR APPROVED SIMILAR. 2. PERGOLA TO BE CEDAR, STAINED PT, OR APPROVED SIMILAR PROPERTY DESCRIPTION PARCEL ID:745210000080 JURISDICTION: CITY OF EDGEWATER ZONING INFORMATION R-3 ZONING SETBACKS FRONT: 30' SIDE: 10. REAR: 20' HEIGHT. 26' MAX. BUILDING COVERAGE: 30% MAX. IMPERVIOUS COVERAGE: 60% FRONT PERSPECTIVE AREA CALCULATIONS EXISTING SITE AREA: +/- 22,244 SF EXISTING BUILDING COVERAGE: 4,857 SF (21.8%) EXISTING SITE HARDSCAPDE: 1,453 SF EXISTING LOT COVERAGE: 6,310 SF (28.3%) ADDITIONAL PROPOSED COVERAGE: 498 SF TOTAL PROPOESD COVERAGE: +�- 6,808 SF (30.6%) STORMWATER RETENTION RESIDENTIAL REMODEL AND ADDITION LESS THAN 500 SF INCREASE TO IMPERVIOUS AREA. NO ADDITIONAL STORMWATER RETENTION REQUIRED. . A ARCHITECT BRENT DANIELS AR99440 512 N RIVERSIDE DRIVE NEW SMYRNA BEACH, FL 32168 CONTACT. BRENT DANIELS PHONE: (386) 410-6547 E-MAIL: brent®brentdanielsarchitect.c-m I 1 _ 1 I _ 10'-0' SETBACK r----- - - - --, I I I I I I I I Ir----------I I I I I I 1 I I — I I EXISTING RESIDENCE (NO WORK) I I I I I N EDGE OF EXISTING I ` ROOF TO REMAIN I a 6x6 POST, SEE SECTION u DETAIL �. m mo � EXISTING DRIVEWAY NO WORK 2 A2 EXISTING CEDAR — - — CEDAR TREE H U B B E L L STREET SITE PLAN SCALE: 1 " = 20' EXISTING 1 I I I I I l I EXISTING 44 POSTTO BE REMOVED, TYP. NOTE: EXISTING ROOF STRUCTURE TO BE SUPPORTED DURING CONSTRUCTION .19'-11, 1 v w I.- M w W 0 W N v M _O H -1 VI LL Q _j _I Z W W `t m �' o m Q = W ~ � 0 Z w N W w H 0 F-1�� a-- J r\ w z w Lu Z H E-- CL di Q W Ew-- Al SHEET NUMBER (NO WORK) SIMPSON AP4.H26 EA JOIST, OR APPROVED MILAR INTERIOR (NO WORK) a (�>�S �LE11�2�= V-0" f KVN I tLtVAI IVN SCALE: 1 /8" = 1'-0" EXISTING ROOF STRUCTURE NO WORK EXISTING BEAM NOTE: SITE VERIFY EXISTING CONDITIONS WITH ARCHITECT. ROOF STRUCTURE TO BE SUPPORTED DURING CONSTRUCTION. PT 2x6 EA SIDE OF 6X6 POST (1) 8' 'TIMBERLOK' STRUCTURAL SCREW PER CONNECTION, PRE- DRILL AS NEEDED PAVERS OVER EXISTING PAVERS OVER 4' COMPACTED CONC. WALKWAY SL PE SAND-CEMENTBASE PT 6x6 POST PT 2x4 ® */' 7' OC, POWDER COATED DECK SCREW PER CONNECTION m 1/2' SS THRU BOLT t CONNECTION, TYP SIMPSON APB66 OR APPROVED SIMILAR N UJ W r > O W N V M O I- J N LL Q CL J p J Z W LU Q / 0 m Q Q z w N W (N Z Q z ^ O ^ U w w N —� ~ Z O � w w w Q w N w A2 SHEET NUMBER 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 EDGEWATER Legislation Text File #: VA-1922, Version: 2 ITEM DESCRIPTION: VA-1922 - Frederick Peyton, requesting a variance from the Land Development Code for property located at 405 Erskine Drive. OWNER: Frederick and Ouafa Peyton REQUESTED ACTION: Variance approval to allow a single family residence to be constructed 24.51-feet from the side -corner property line in lieu of the required 30-feet, per Section 21-50.02. LOCATION: 405 Erskine Drive AREA:.15f acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FL UM Designation Zoning District North Single Family Residence Low Density Residential R-3 (Single Family Residential) East Single Family Residence Low Density Residential R-3 (Single Family Residential) South Single Family Residence Low Density Residential R-3 (Single Family Residential) West Single Family Residence Commercial R-3 (Single Family Residential) Background: the applicant is proposing to construct a single family residence on the subject property. The subject property is constricted by its configuration and location on two -streets, therefore requiring two (2) front setbacks of 30-feet adjacent to each street. Land Use Compatibility: The property is located in a residential neighborhood; therefore the construction of a single family residence is compatible. Adequate Public Facilities: The property has access via Erskine Drive and Naranga Drive; city water and wastewater is available. Comprehensive Plan Consistency: The subject parcel is located in an existing residential neighborhood; development of the site would be considered infill development. Therefore the proposed single family residence is consistent with Policy 1.4.3 of the Future Land Use Element states "If necessary, the City may reduce limitations on infill and redevelopment activities consistent with the land City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: VA-1922, Version: 2 uses and densities indicated in this Plan in situations that will not jeopardize public health, safety or welfare." RECOMMENDED ACTION Motion to approve VA-1922. City of Edgewater Page 2 of 2 Printed on 10/3/2019 powered by LegistarTM s EY¢\kGaler W p\x�ood Pv¢ L N O �N 8\ge1oW pr VA Z 2 �; Naran9a pr `cow N. G OIL O fl' 1pfl N Pie 9 p W\\dWood Ft\oV\sta r -o A dN ~N Va\en��a pr F H\gh\and Poe ,LID .-WATFIR Monson pr \¢v+ pr ridge Pve ®Subject Property pak 8I15/2019 Q I I vw vdt 00 �Wzl 6v AL N V* SAW 11 , rf. 16 t% avatl T.V wr do Ir IR%O A A kr dp w f I "Or's I., CD do 1p of •IL F, lb 4f Af dr.41F Monson . M pie 0akrid9e pv lip Source: - �,:,,Digit!alGloloe, G.iloEye, Earrt st ri 0 ra hic ES/Airbus. IGN, and the GIS User Commune t- . L — -1 NARANGA DRIVE 50' PLATTED RIGHT OF WAY P. T. ASPHALT ROAD 35.00 �(P) FIR 5/8 35.04 (M) CAP LBf 4165 N82'58'00°E(M) r X CUT ON 4'X4" CONCRETE FENCE POS r CO R=30.00'(P) L= 43.52 (M) j A--83-06'45"(M) 41, CH= 39. 80'(M) -� CB=N34 01 '40'E(M) LOT2 BL OCK D z LOT 1 a [n N BL OCK D 0 o VACANT o a � © z O� v rn C a Cal o FIP 3/4„ t.o OF 64 91'(M) � S82'06'23 ,W(M) 65. 00 (P) 1 LOT 10 FIP 3/4" 1 LOT 11 BLOCKD BLOCK D BOUNDARY SURVEY OF 405 ERSKIN DRIVE FEMA FLOOD INSURANCE RATE MAP 12127CO543H DATED 2-19-14 EDGEWATER, FLORIDA 32132 SHOW THIS PARCEL TO BE IN FLOOD ZONE X L O T 1, BL OCK D, HIGHLAND SHORES SEC TION TWO, A CCORDING TO THE PL A T THEREOF, AS RECORDED IN MAP BOOK 9, PAGE(S) 64, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CURRENT OWNERS OF THE 0 1 2.5' 25' 50' PROPERTY AND ALSO THOSE WHO PURCHASE, MORTGAGE OR GUARANTEE THE TITLE THERETO WITHIN ONE YEAR OF THE FIELD DATE NOTED ON THIS SURVEY. (r) 2016 COVERED SCREEN N SCREEN �0�r 6' VINYL FENCE SCALE: 1 "= 25' ENTRANCE E ENCLOSED ENCLOSED $' WOOD FENCE AREA WITH POOL X 4' CHAIN LINK FENCE it NOTES: (1) IN COMPLIANCE WITH F.A.C. 61G17-6.0031--4--E, IF LOCATION OF EASEMENTS OR RIGHTS -OF -WAY OF RECORD, OTHER THAN THOSE ON RECORD PLATS, IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. (2) IF APPLICABLE, FENCES SHOWN MEANDER ON OR OFF LINES. (APPROX.) (3) NO EXCAVATION OR MAPPING OF UNDERGROUND IMPROVEMENTS HAS BEEN PERFORMED. CORNER MARKERS ARE 1/2" DIAMETER UNLESS NOTED OTHERWISE. BASIS OF BEARINGS IS THE NORTH LINE OF LOT 1(USING PLAT BEARING OR ASSUMED) UNLESS NOTED OTHERWISE LEGEND: (C) - CALCULATED, Cj - CURVE NUMBER , CB- CABLE BOX, LP- LIGHT POLE, O/S - CONCRETE SLAB, CIF - CHAIN LINK FENCE, CONIC CONCRETE CSW - CONCRETE SIDEWALK. (D) - DEED, DE - DRAINAGE EASEMENT, EB- ELECTRIC BOX, EOW - EDGE OF WATER, E/P = EDGE OF PAVEMENT, (F) FIELD,F/C - FENCE CORNER, FOR - FIR CAPPED, FXC = FOUND X CUT, FCM - FOUND CONCRETE MONUMENT, FIP - FOUND IRON PIPE, FIR - FOUND IRON ROD, FN - FOUND NAIL, FND = FOUND NAIL & DISK GA - GUY ANCHOR, ID -IDENTIFICATION, (M) - MEASURED, MH = MANHOLE, NCF - NO MARKER FOUND, OHW - OVERHEAD MARE, O/A OVER ALL, (P) = PLAT, P/E=POOL EQUIP. PP - POWER POLE, POS - POINT OF BEGINNING, POO - POINT OF CDMMENCEMENT, PRM - PERMANENT REFERENCE MONUMENT, R/W - RIGHT OF WAY, SIR - SET 1/2' 1RON ROD LB 6912, SND - SET NAIL AND DISK LB 6912. TNF- TRANSFORMER, TOB - TOP OF BANK. TP= PHONE PEDESTAL UE = UTILITY EASEMENT, WB = WATER BOX, YF - WOOD FENCE CUE - DRAINAGE & UTIUTY EASEMEN, PC- POINT OF CURVATURE, PI= POINT OF INTERSECTION, PT- POINT OF TANGENT, PRC= POINT OF REVERSE CURVE, R- RADIUS, CB- CHORD BEARING,A= DELTA ANGLE. CH= CHORD DISTANCE, W.E.= WALL EASEMENT, A.E.= ACCESS EASEMENT, P.U.E.= PUBLIC UTILITY ESEMENT, P/E= POOL EQUIPMENT Know It Now, Inc. I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY WAS MADE UNDER Florida Business Certificate Of LOCATION = 2011 HEIDELBERG AVENUE, DUNEDIN, FL MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF SAID SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET Authoni7abonNumber LB6912VOICE 727-415-6305 FAX 727-736-2455 FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS THIS CERTIFIED EXCLUSIVELY TO THE BELOW PARTIES IN CHAPTER 15 ELECTRONIICALLY SIGNED AND SEALED PURSUANT TO SECTION 472.027, OF THE FLORIDA STATUTES AND CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATION CODE. Surveyor 8 Mapper NLimber 4636 FREDERICK PEYTON DATE OF FIELD WORK: D3-07-16 DATE SIGNED 3-11-16 ;y fir,%eo CHANGED CERTIFIED TO BUT DID NOT DO SITE UPDATE FLORIDASURVEYOR@AOL.COM BILL HYATT P.T. FIR 5/8" CAP LB# 4165 EIP i- NARANGA DRIVE 50' PLASPH� RR AD OF WAY A N82°58'00' E(M) 35 04'(M) X CUT ON 4" x4" CONCRETE --- — FENCE POST C 1O R= 30.00'(P) L= 43. 52'(M) = 83. 06'45"(M) -H= 39.80'(M) C13=1\134.01'40"E(M) FIP 3/4" LOT 2 BLOCK D \ S82°06'23 W(M) 64.91'(M) \ \ 65.00 (P) \ \ LOT 10 FIP3/4" \ \ BLOCK D \ \ LOT 11 BLOCK D 1 SITE PLAN A4.0 i SCALE:- 3/32"=1'-0" ReDesign HP Pesigning for tomorrow CUSTOM CHANGES ReDesign HP ORIGINAL DESIGN WILLIAM E. POOLE DESIGNS, INC. "This plan is a derivative and has been modified by ReDesign HP from the original WILLIAM E. POOLE DESIGNS, INC. stock home plan." COPYRIGHT These drawings are the exclusive property of WILLIAM E. POOLE DESIGNS, INC. , Reproduction in whole or in part without the written permission of WILLIAM E. POOLE DESIGNS, INC., is in violation and subject to penalties under the Copyright Laws. I LIMITED LICENSE You may use these plans for the construction of one and only one house as depicted by the plans. This license is non -transferable. You may change or modify the plans. By changing or modifying the plans, you relieve ReDesign HP nd WILLIAM E. POOLE DESIGNS, INC. f all liability associated with the modified design and plans. *Building codes are subject to various changes and interpretations. The purchaser is responsible for compliance with all local and national building codes, ordinances, site conditions, subdivision restrictions, and structural design. A licensed engineer should review your plans before you apply for a building permit and before construction begins. *Final selections of materials are the responsibility of the homeowner and/or builder, including, but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the plans, and over which ReDesign HP and WILLIAM E. POOLE DESIGNS, INC. has control or responsibility. ReDesign HP and WILLIAM E. POOLE DESIGNS, INC. shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever. *You may loan all or part of the plans to third parties including contractors and sub -contractors for the sole purpose of the construction of your house. You agree to retrieve all loaned copies of the plans after construction is completed. Mortgage companies and building officials may retain plans for their records. WILLIAM E. POOLE DESIGNS, INC. , retains copyright ownership of the original plans and assumes sole copyright ownership of the modified plans. Your payment of a fee for the use of the plans does not transfer any right, title, or interest in the plans. *Unauthorized use or copying of the plans, or the design they depict infringes upon rights under the copyright act. Copyright infringement carries penalties of up to $100,000 per infringement. N O � � � O � N � _ct DATE AUG/05/2019 SCALE AS NOTED DRAWN BY: ------------- PROJECT FREDERICK PEYTON SHEET E13 File #: VA-1923, Version: 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: VA-1923 - Leonel Masci requesting a variance from the ParkTowne Industrial Center PUD (Planned Unit Development Agreement) for property located at 427 Timaquan Trail. OWNER: Edgewater Asphalt Plant, LLC REQUESTED ACTION: Variance approval to allow additional asphalt silos to be 80-feet in height in lieu of the maximum 60-feet permitted, per the ParkTowne Industrial Center PUD Agreement. LOCATION: 427 Timaquan Trail AREA: 9.4± acres PROPOSED USE: Asphalt Silos CURRENT LAND USE: Asphalt Plant FLUM DESIGNATION: Industrial ZONING DISTRICT: IPUD (Industrial Planned Unit Development) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FL UM Designation Zoning District North Stormwater Pond Industrial with Conservation Overlay IPUD (Industrial Planned Unit Development) East Railroad Tracks NA NA South Concrete Plant Industrial IPUD (Industrial Planned Unit Development) West FIND Containment Site Industrial IPUD (Industrial Planned Unit Development) Background The subject property, located in the ParkTowne Industrial Center, was developed in 2013 with an asphalt plant and associated 2,654 square -foot office building. The applicant is requesting approval of a variance allow additional asphalt silos to be constructed at 80-feet in height; the ParkTowne PUD Agreement has a height limit of 60-feet. The applicant will be required to complete several steps prior to authorization for construction; (1) approval from the ParkTowne Owners Association; (2) approval from the FDOT Aviation and Spaceports Office; and (3) determination from the FAA whether or not federal obstruction standards are exceeded. On October 1, 2019 the FAA determined there to be no hazard to air navigation. City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: VA-1923, Version: 2 Adjacent property owners were notified of the request on September 13, 2019; staff has not received any objections. Land Use Compatibility: The subject property is located in an industrial park, and currently has three asphalt storage silos on the property. The addition of three silos is compatible with the nature of the property and surrounding area. Adequate Public Facilities: NA Comprehensive Plan Consistency: NA RECOMMENDED ACTION Motion to approve VA-1923 provided the applicant receives approval from the ParkTowne Owners Association and FDOT. City of Edgewater Page 2 of 2 Printed on 10/3/2019 powered by LegistarTM d pv e N%gh�a%� Cheeta Dr EDGEWATER ®Subject Property o� o Y 0' f� Date: 7/29/2019 1 EDGg , TER Subject Property o�, oeta:,1z9/zo,9 y y 1 h � Fn E r L f . lr So r e E-sri F i italGlo e, GeoE e fiEarttar eo raphic Y 9 GN, a t IF mmunity - , 4 -d -h 3 5 I 7 E 10 RevNoI Revision note Date ISignaturel Checked I_1 an A E F 6 H a� F EASIMY I. l pg C� YARD is {{ 3 3 x L. a _ ASPHALT CONVEYOR EXTENSION ° INSTALL STORAGE: 3 SILO ( ) � STORAGE SILOS..: (TYP OF 3) x t T WATER MAIN WATER AtPower Pole 10 F FINAL WAltR AND S& Itemref Cluantity Title/Name, designation, material, dimension etc Article No./Reference Designed by Checked by =reddate ]�Fename DateScale RCC LM ant0l.dwg 07/16/2019 NTS PROPOSED SITE PLAN EDGEWATER ASPHALT PLANT LLC Edition Sheet 001 0 1/2 12 13 14 15 16 I `3 C I E F 6 H W do d %13 Googly Earth T� -4 . ; JidL - -. - ■ Fr IV 0�6r-N-� IV Google Earth 2C. 9.79 ft FIORIDA EAST COAST RAILWAY RIGHT-QF-WAY 50' R/W (P) 50 0 GRAPHIC 1"= FENCE -- -- ON --- t -- CORNER - - - -' - - - - - - - - - - _ _ _ - _ - _(BEARING OF BASIS) FD 300.00'(P&M) FD FD 801.73'(P&M) S23018'56" w PCP PCP PCP Q TIMA UAN TRIAL LS 4014 LS 4014 LS 4014 0' R/1V FD 800.00'(P&M) PCP LS 4014 GENERAL NOTES AND SURVEY REPORT: 1. BEARING STRUCTURE (S 23°18'56" W) ALONG THE CENTER LINE OF TIMAQUAN TRAIL (80' R/W), AS RECORDED IN PLAT BOOK 52, PAGE 28, PU.BLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. FOR ANGLE MEASUREMENT ONLY. 2. LEGAL DESCRIPTION NOT PROVIDED. NO TITLE WORK PROVIDED. 3. RECORD DIMENSIONS ARE SHOWN IN PARENTHESIS (), WHEN DIFFERS FROM MEASURED. 4. FLOOD PLANE CERTIFICATION ACCORDING TO THE FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY) F.I.R.M (FEDERAL INSURANCE RATE MAP), CITY OF EDGEWATER, FLORIDA, COMMUNITY NO. 120308, MAP NO. 12127CO685 H, DATED: FEBRUARY 19, 2014. THE PROPERTY IS IN FLOOD ZONE "X"(0.2%). 5. ACCURACY STATEMENT: THE ACCURACY OF THE BOUNDARY CONTROL OF THE SUBJECT PROPERTY IS. COMMERCIAL LINEAR; THE CLOSURE IS: 1 foot in 10,000, THE MINIMUM RELATIVE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATIONS OF A CLOSED GEOMETRIC FIGURE IS FOUND TO EXCEED THIS REQUIREMENT. 6. HISTORY REFERENCE TO PREVIOUS SURVEY OR HELPER SURVEYS, LINEAGE OF DATA HORIZONTAL DATA REFERENCES, DATE OF ORIGINAL PLAT. A.) PARKTOWNE INDUSTRIAL CENTER, AS RECORDED IN MAP BOOK 52, PAGE 28, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. 7. LIMITATIONS: A.) SOME INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT-OF-WAY AND OR OWNERSHIP WHEN FURNISHED TO THIS SURVEYOR EXCEPT, AS SHOWN. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS PLAT OF SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, OTHER THAN THOSE ON RECORD PLATS, IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. PER FLORIDA STATUES RULE 5J-17.052(2)(dx4) B.) IT IS UNDERSTOOD TO BE THE PROFESSIONAL OPINION OF THIS SURVEYOR AND THE FIRM, FROM WHICH IS FORMULATED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, AND AS SUCH, DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY, EITHER EXPRESSED OR IMPLIED. FURTHERMORE, THIS SURVEYOR AND FIRM, DOES NOT ASSUME RESPONSIBILITY AND SHALL NOT BE LIABLE FOR CLAIMS ARISING FROM ERRONEOUS OR INCORRECT INFORMATION FURNISHED BY THE OWNER, LENDER, OR OWNER'S CONTRACTORS OR OTHERS, WHICH IS USED AS A BASIS TO FORMULATE THIS SURVEYOR'S OPINION. C.) ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE PARTY PER FLORIDA STATUTES CHAPTER RULE 5J-17.051(3)(b(6) D.) THE ACCEPTANCE OF THIS SURVEY AS CERTIFIED FOR THE EXCLUSIVE USE OF NAMES SHOWN HEREON SHALL CONSTITUTE FULFILLMENT OF MY CONTRACTUAL OBLIGATION. "ORIGINAL" AS DEFINED HEREON REFERS TO THE SIGNED AND SEALED GRAPHIC REPRESENTATION OF THE FIELD SURVEY. CAD FILES ARE NOT THE SURVEY AND THERE MAY BE A SURCHARGE FOR THEM. E.) TAX PARCEL IDENTIFICATION NUMBERS, ADJACENT OWNERS NAMES AND ADDRESS WHEN SHOWN SHOWN IS EITHER SUPPLIED BY CLIENT AND/OR TAKEN FROM COUNTY APPRAISER'S INTERNET WEB PAGE AND MAY NOT BE THE MOST CURRENT. REVISIONS: LEGAL DESCRIPTION: A PORTION OF TRACT "A-23", PARKTOWNE INDUSTRIAL CENTER, AS RECORDED IN MAP BOOK 52, PAGES 23-34, INCLUSIVE, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "A-23" , THENCE NORTH 74002'22" EAST, ALONG THE NORTHERLY LINE OF SAID TRACT "A-23", A DISTANCE OF 280.56 FEET; THENCE SOUTH 23°18'56" EAST, ALONG THE EASTERLY LINE OF SAID TRACT "A-23 A DISTANCE OF 282.72 FEET; THENCE NORTH 74002'03" EAST, ALONG SAID NORTHERLY LINE OF TRACT "A-23", A DISTANCE OF 264.84 FEET TO THE NORTHEASTERLY CORNER OF SAID TRACT "A-23", THENCE SOUTH 22006'29" EAST, ALONG THE EASTERLY LINE OF SAID TRACT "A-23", A DISTANCE OF 537.14 FEET;THENCE CONTINUE SOUTH 22006129" EAST, A DISTANCE OF 47.32; THENCE SOUTH 66°41'04" WEST, A DISTANCE OF 528.62 FEET TO THE WESTERLY LINE OF SAID TRACT "A-23", THENCE NORTH 23018'56" WEST, ALONG SAID WESTERLY LINE OF TRACT "A-23", A DISTANCE OF 936.85 FEET TO THE POINT OF BEGINNING. PROJECT No: FIELD WORK BY: DATE: OFFICE WORK BY: DATE: FIELD BOOK - PAGE 2016-87 PREPARED FOR THE EXCLUSIVE USE OF: KM 9112116 BR 09/13-16 8-49 SCALE: 1 "=50' ABBREVIATION/SYMBOL LEGEND: w FD PCP LS 40I4 W 7 Q No z00 C7 I W A/C C/L AIR CONDITION CENTER LINE ® WATER METER DWG DRAWING ® RECLAIMED WATER VALVE EL ELEVATION p CLEAN OUT EP FD EDGE OF PAVEMENT FOUND WOOD POWER POLE FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY 0 IR IRON ROD & CAP (AS NOTED) F.F. F.F.G. FINISHED FLOOR FINISHED FLOOR GARAGE ® PCP PERMANENT CONTROL POINT F.I.R.M FLOOD INSURANCE RATE MAP ❑ CM CONCRETE MONUMENT LB LICENSED BUSINESS LS LICENSED SURVEYOR (M) MEASURED No. (P) NUMBER PLAT ® BUILDING HATCH R/W RIGHT-OF-WAY NO. NUMBER ►.:..:.• ' CONCRETE HATCH THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE 1" = 50' OR SMALLER. ANY USE OF THIS FILE AT A SCALE LARGER THAN STATED SHALL BE AT THE USER'S OWN RISK. THE FOREGOING PLAT IS CERTIFIED TO MEET THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AS PER CHAPTER 5J17-6, FLORIDA ADMINISTRATIVE CODE, AS PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 09/14/2016 X4 A NOT VALID WITHOUT THE SIGNATURE AND THE GINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND APPER. ANTHONY SANZONE TYPE OF SURVEY: BOUNDARY MAP SUBJECT: 427 TIMAQUAN TRIAL ADDRESS: 427 TIMAQUAN TRIAL EDGEWATER, FLORIDA CIO& A I A GEO LAND SURVEYING CONSTRUCTION LAYOUT 1366 N U.S. HWY 1, Ste 602 Ormond Beach Florida 32174 Voice: 386.672.3633 a1ageo.com LB # 7967 LS # 6309 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 10/01/2019 Richard Clements Masci General Contractors, inc. 5752 S Ridgewood Avenue Port Orange, FL 32127 Aeronautical Study No. 2019-ASO-26263-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Asphalt Silo Location: EDGEWATER, FL Latitude: 28-59-49.69N NAD 83 Longitude: 80-5 5-00.30W Heights: 8 feet site elevation (SE) 75 feet above ground level (AGL) 83 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 L Change 2. This determination expires on 04/01/2021 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 3 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (404) 305-6462, or mike.blaich@faa.gov. 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OWNER: Lakeview Estates of Edgewater, LLC REQUESTED ACTION: Repeal and restate the Julington Oaks PUD Agreement for development now known as Lakeview Estates LOCATION: West of South Ridgewood Avenue, north of Clinton Cemetery Road AREA: 39.2± acres PROPOSED USE: Residential Subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential with Conservation Overlay ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North acant/Restaurant/Manufa Industrial with Conservation I-2 (Heavy Industrial)B-3 cturing Overlay/Commercial (Highway Commercial) East Single Family Low Density B-3 (Highway Residence/Vacant Residential/Commercial/Volusia Commercial))/RPUD County Industrial (Residential Planned Unit Development/Volusia CountyA-3 (Transitional Agriculture)/I-3 W (Waterfront Industrial) South Single Family Low Density Volusia CountyA-3 Residence/Vacant Residential/Commercial/Volusia (Transitional Agriculture) County Urban Low Intensity West Vacant Volusia County Urban Low Volusia CountyA-3 Intensity (Transitional Agriculture) City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: ZA-1902, Version: 2 Background: The subject property is a development formerly known as Julington Oak; a PUD Agreement was approved by City Council on January 23, 2006. The original Julington Oak PUD Agreement consisted of 29.2t acres of land; permitted 90 single family lots, with a density of 3.1 dwelling units per gross acre and a minimum lot size of 60' x 120'. The proposed PUD Agreement for Lakeview Estates consists of 43.883f acres of land with 94 duplex and 15 single family dwelling units for a total of 109 dwelling units; single family lots are 60'x 115', duplex lots are 45' x 115'. The density for the proposed development is 3.09 dwelling units per net acre. The development will be age -restricted and include private, gated roads with pedestrian access to the adjacent restaurant to the north. Golf cart use will be permitted within the development; guest parking and two (2) recreational areas, including a pool and clubhouse will be provided. The developer will be responsible for constructing all required infrastructure to support the development; which includes roads, stormwater retention; utility lines, and street lights. The construction plans will be reviewed for compliance with the Land Development Code; all applicable state and federal permits will be required prior construction of the infrastructure. An Environmental Impact Assessment will be required and any noted wetlands and/or listed species will be required to be addressed with appropriate regulatory agency permitting. Land Use Compatibility: The Future Land Use designation of the property is Low Density Residential; the Adequate Public Facilities: Access will be from South Ridgewood Avenue, with an additional emergency access point located on Clinton Cemetery Road; water and wastewater is available to the property, with all required infrastructure to be installed by the developer. Comprehensive Plan Consistency: The Future Land Use designation of the subject property is Low Density Residential which allows for up to four (4) dwelling units per net acre; the proposed development does not exceed 3.09 dwelling units per net acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for ZA-1902. City of Edgewater Page 2 of 2 Printed on 10/3/2019 powered by LegistarTM Mk o a � dir . sk 4177 F' i 4 a F i do ' ip �etet`1 e �f l4 or G1 # EDGEWATER ;f.sst'= ,�. `tea -- _ Subject Property I �! y i 3 f 4 y F, Or, oaWanonos _ _ _� ens„-..nG.� n�.,F_In _nn�<. .+6cf_nnn.n6in snit' F „- inc ile�no i ierr c onrnrr Ezir� PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT LAKEVIEW ESTATES THIS AGREEMENT is made and entered into this day of , 2019 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and, Lakeview Estates of Edgewater, LLC, whose mailing address is 650 South Lakeview Drive, Lake Helen Florida 32744 (herein after referred to as " Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 43.883± acres located at west of South Ridgewood Avenue and north of Clinton Cemetery Road, in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal Description. The record owner of the subject property is Lakeview Estates of Edgewater, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The Developer shall commence construction as defined by the Master Plan, dated September 12, 2019 (Exhibit `B") within twenty-four (24) months of the effective date of this Agreement. The Agreement may be extended by mutual consent of the governing body and the Developer, subject to a public hearing. Commencement of construction means to begin performing onsite modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on -site modification, fabrication, erection or installation of a Lakeview Estates I treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. a. Unit Count Based on Final Subdivision Plan approval, the total number of units may vary, but the maximum residential units permitted shall not exceed 3.09 dwelling units per net acre or 109 dwelling units. b. Age Restricted Housing Lakeview Estates shall operate the development as Age Restricted Housing for persons 55 years of age and older, as defined in, Section 760.29(4)(b)(3), Florida Statues, as may be amended. In no event shall any person under the age of 18 years reside within any dwelling unit located on the property as a permanent resident. Lakeview Estates 2 c. Minimum Lot Size Single Family Area: 6,900 square feet Width: 60 feet Duplex Area: 5,175 square feet. Width: 45 feet Depth: 115 feet Depth: 115 feet d. Minimum House Square Footage The minimum gross house square footage shall be at least 1,200 square feet living area under air, with a minimum of a two car garage and 18-foot driveway for single family residences and a one car garage and 16-foot driveway for duplexes. Carports will not be permitted. e. Minimum Yard Size and Setbacks Front: 20 feet Rear: 10 feet Side: 7.5 feet Side Corner: 15 feet Wetlands: 15 feet minimum; 25 foot average Maximum Height: 26-feet Maximum Building Coverage: 60% Maximum Impervious Coverage: 70% Screen enclosures/porches: Rear: 5 feet Swimming Pools: Rear: 5 feet from property line to pool deck edge Side: 7.5 feet from property line to pool deck edge f. Commercial Future Commercial development of Lot A shall meet the regulations of the current Land Development Code for the B-3 (Highway Commercial) zoning district. Lakeview Estates 3 g. Trees Minimum Tree Protection Requirements within the current LDC shall be met; Preservation Areas depicted on the Master Plan may be utilized to meet said requirements. Minimum number and type of trees for each residential building lot shall meet the requirements of the current LDC. h. Landscaping and Irrigation Landscaping and irrigation plans for common areas must be submitted with final construction plans and shall comply with the current LDC. Developer shall install a vinyl fence with landscape buffer adjacent to excluded residential parcels on Clinton Cemetery Road and shall be owned and maintained by the HOA. Common areas and the entrance area shall be irrigated. All irrigation must comply with all Volusia County Water Wise Landscape Irrigation Standards. i. Roads Roads within Lakeview Estates will have a minimum right-of-way of fifty -feet (50'), including twenty feet (20') of pavement with a two (2) foot Miami curb and gutter per side and constructed pursuant to the City's Standard Details. Said roads shall be dedicated to and maintained by the HOA subsequent to final City inspection and by final plat. All private roadways within the development shall be gated and equipped with a Knox box and a radio controlled system, such as C1ick2Enter. No on -street parking shall be permitted. Golf carts shall be permitted within Lakeview Estates. Golf carts are defined as a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes that is not capable of exceeding speeds of twenty (20) miles per hour. All golf carts Lakeview Estates 4 operating upon properly designated roads and streets shall meet all minimum equipment standards established by Florida Statutes, as amended. A minimum seven -foot (7') wide stabilized pathway, shared by adjoining lots, shall be constructed by the developer for golf cart access from each residence to the roadway. Developer shall install a driveway connection between the Property and the commercial property to the north and provide an access easement by Final Plat. j. Entrance to Subdivision One entrance(s), per master plan, shall be permitted for accessing the development from South Ridgewood Avenue; a left turn lane and right -turn deceleration lane shall be required and permitted by the Florida Department of Transportation. One (1) emergency vehicle access will be required from Clinton Cemetery Road. k. Si ngnaze Signage will be located along the main entrance road, not within the right-of-way, and shall meet the current City LDC. All future maintenance responsibility will be that of the Homeowners Association. 1. Mailboxes Developer agrees to request approval from the Unites States Postal Service for the use of a Centralized Mail Delivery System(s) with lighted pull -off area. m. Air Conditioning All lots less than sixty feet (60') in width shall have air conditioning units and pads located adjacent to the neighboring garage or located behind each house/dwelling unit. n. Easements Easements for rear yard construction purposes shall be located between every other Lakeview Estates 5 lot and shall have a width of ten feet (10'), being five feet (5') on each side of the lot lines for the benefit of the adjoining lots in the event that access to the rear of the lot is required and the individual lot owners side yard width is not adequate to accommodate the access. Easements for public utilities shall be dedicated to the City and any other public utility provider. Developer agrees to provide, at no cost to the City, all required utility easements (on and off -site) for drainage and utility service consistent with this Agreement. o. Model Homes and Temporary Sales Offices Lots 3 and 4 may be designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a model home is under construction. Such temporary office shall only be permitted for an interim period not to exceed 60-days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: i. Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), if on -site hydrants are required to service the area where the proposed models will be constructed. ii. Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. Lakeview Estates 6 iii. Permanent utility connections cannot be made until the sanitary sewer system and potable water system has been completed and certified to FDEP. iv. Temporary power and/or gas utilities, once inspected and approved by the city, shall be permitted until permanent utility connections are provided. V. Any Sales Center shall provide handicap accessible restrooms. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A Certificate of Completion issued as provided in the Florida Building Code shall be deemed to authorize limited occupancy of the model home/sales office. Upon conversion of the model homes back to a single family dwelling, a new and permanent certificate of occupancy shall be issued upon completion reflecting the single family dwelling classification. Temporary flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposes may be displayed until such time as the last lot is developed within the Development in the following locations and numbers: i. The maximum height of any temporary flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. ii. The number of temporary flags shall not exceed four (4) and shall be permitted on private/common property and prohibited in the right of way area and site triangle area as outlined in the Land Development Code, Section 21-38.03. iii. Each model home may have a ground -based sign, not exceeding 20 square feet with a maximum height of eight (8) feet, indicating "Model Home". iv. Each sales office may have may have a maximum of two (2) flags or signs not exceeding fifteen (15) square feet each in area with a maximum height of eight (8) feet indicating "Sales Center". Lakeview Estates 7 V. Temporary event signs shall be allowed on private/common property within the Development for special builder sale events, including but not limited to a "parade of homes" or similar sales promotion. Such temporary signage shall be erected for no more than 72 hours. A maximum of two special builder events shall be allowed in any calendar quarter. 4. HOMEOWNERS ASSOCIATION The Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By - Laws shall be reviewed and approved by the City prior to final plat approval. The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By -Laws for the HOA will be recorded in the public records of Volusia County at the time the Final Plat is recorded. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation is Low Density Residential and Commercial with Conservation Overlay and the zoning designation is RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. The City of Edgewater's permitted uses for B-3 (Highway Commercial) are applicable to the development of Lot A. 6. PUBLIC FACILITIES a. All utility services shall be underground. Lakeview Estates 8 b. Off -site improvements are the Developer's responsibility and shall be required at the time of Final Plat approval and City inspection approval and shall meet all City, County and/or State requirements and approval. c. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. d. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. e. Developer, at the time of development, shall provide all public facilities to support this project including the following: i. Water Distribution System includingfire ire hydrants. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at nearest point of connection. All water distribution systems shall be "looped" wherever possible in order to prevent any future stagnation of water supply. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. ii. Sewage Collection and Transmission System. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. Lakeview Estates 9 iii. Stormwater collection/treatment system, including outfall system. The retention and detention pond(s) shall meet the requirements for the St. Johns River Water Management District, Volusia County, and the City of Edgewater. The pond(s) will be owned and maintained by the Homeowners Association (HOA). Developer is required to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an off -site drainage easement space if necessary. The on -site 100-year flood elevation shall be established to the satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be provided for per the requirements set forth in Article IV (Resource Protection Standards) of the LDC, as may be amended from time to time. iv. Reclaimed Water Distribution System. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall install a central reclaimed water irrigation distribution system constructed to City standards and convey to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. Water will be provided initially by onsite irrigation wells, potable water, or surface water withdrawal until reclaimed water is available to the Development and all irrigation systems shall be approved by all applicable regulatory agencies. Once reclaimed water is provided to the area the development must covert irrigation systems to said reclaim water system within 30 days of availability. V. All required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All permanent markings and signage shall comply with Florida Lakeview Estates 10 Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. vi. Sidewalks. A four -foot (4') public sidewalk to be installed by the Developer on all common areas within the development, connecting to the existing sidewalks along South Ridgewood Avenue and four -foot (4') sidewalks to be installed by individual builders along the front of each residential lot prior to issuance of Certificate of Occupancy by the City of Edgewater. Sidewalks along common areas shall be constructed and approved by the City prior to issuance of the first Certificate of Occupancy for the development. Developer shall provide a bond or surety in a form acceptable to the City in the amount as stated per the current fee resolution per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the Developer will install the remaining sidewalks. vii. Recreation and Open Space. Three (3) active and passive recreation areas, including a clubhouse and swimming pool, totaling 14.48± acres and 19.45± acres of open space will be provided to serve the residents as depicted on Exhibit `B" Master Plan. Ownership and maintenance responsibility of all recreation and open space areas will be that of the Homeowner's Association. viii. Streetlights shall be installed by the Developer at all entrances and intersections and shall meet the requirements set forth in the LDC prior to issuance of the Certificate of Occupancy on the first dwelling unit. The HOA will be responsible for the streetlights; including payment to Florida Power and Light for maintenance and power consumption. Lakeview Estates 11 7. IMPACT FEES Impact fees will be paid in accordance with the following schedule: a. Applicable City Impact Fees and Connection Fees shall be paid at the issuance of a Building Permit for each dwelling unit at the prevailing rate authorized at the time of payment. b. Volusia County Road and School Impact fees (if deemed applicable by the Volusia County School District) - Paid to County by applicant with proof of payment provided to the City prior to a Building Certificate of Occupancy. 8. BONDS A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the City prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. If the developer desires to plat the proposed subdivision prior to the installation of improvements, a Performance Bond, or other acceptable financial instrument such as a Letter of Credit, may be accepted by the City and shall be 130% of the costs of all remaining required improvements. 9. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 10. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: Lakeview Estates 12 1. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission, Department of Health, Department of Transportation and Volusia County. 2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision Construction Plan Approval, all applicable clearing, removal, construction and building permits. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspections, construction of required infrastructure improvements, and the review and approval of the final plat related to the development, including recording fees. 11. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City, by warranty deed and title insurance free and clear of all liens and encumbrances at plat dedication, utility easements as required. All utilities shall be dedicated to the City of Edgewater. 12. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. 13. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions or other Lakeview Estates 13 requirements determined to be necessary by the City for the public health, safety or welfare of its citizens. 14. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 15. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 16. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 17. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 18. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 months, Lakeview Estates 14 commencing 12 months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 19. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 20. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 21. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 22. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and Lakeview Estates 15 substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 23. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 24. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 25. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 26. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 27. SEVERABILITY If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect Lakeview Estates 16 the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Robin L. Matusick, City Clerk/Paralegal CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA IN Michael Thomas, Mayor Lakeview Estates 17 Witnessed by: STATE OF FLORIDA COUNTY OF DEVELOPER The foregoing instrument was acknowledged before me on this _ day of by has produced Notary Public Stamp/Seal 2019, who is personally known to me or as identification and who did (did not) take an oath. Lakeview Estates 18 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in Section 24, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 24 and run South 00°33'52" East along the West line of said Section 24, a distance of 1,400.00 Feet; thence North 86°18'56" East a distance of 2,556.53 Feet to the POINT -OF -BEGINNING; thence continue North 86°18'56" East along said line, a distance of 1,852.57 Feet to the Westerly Right -of -Way Line of U.S. Highway Number 1 (a 158 foot wide Right -of - Way); thence South 22°55'51" East along said Westerly Right -of -Way Line, a distance of 210.25 Feet; thence South 87°52'59" West, a distance of 318.24 Feet; thence South 22°55'51" East, a distance of 688.36 Feet; thence South 87°53' 15" West, a distance of 221.88 Feet; thence South 22°38;21" East, a distance of 19.51 Feet; thence South 67°04'09" West, a distance of 120.00 feet; thence South 22°38'21" East, a distance of 244.36 Feet; thence South 87°53' 15" West, a distance of 481.76 Feet; thence South 67°43'02" West, a distance of 501.79 Feet; thence North 22°35'17" West. a distance of 1,027.06 Feet to the POINT -OF -BEGINNING. Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official Records Book 2067, Page 1766 and Official Records Book 2146, Page 0825, of the Public Records of Volusia County, Florida. Subject to a perpetual Right -of -Way easement for road purposes as described in Deed Book 285, Page 125, portions of which were released per Official Records Book 128, Page 278, inclusive the Public Records of Volusia County, Florida. A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of Way and being more particularly described as follows: Commence at the Northwest corner of said Section 24; thence South 00°34'36" East, along the West line of said Section 24, a distance of 1400.00 feet; thence North 86°18'56" East, a distance of 2136.00 feet for the POINT OF BEGINNING; thence South 22°35' 17" East a distance of 1161.29 feet; thence North 67°43'02" East, a distance of 398.06 feet; thence North 22°35' 17" West, a distance of 1027.10 feet; thence South 86°18'56" West, a distance of 420.75 feet to the Point of Beginning, TOGETHER WITH the right to use a 60 foot road and utility easement for ingress and egress as described in Official Records Book 2067, Page 1766, Public Records of Volusia County, Florida. AND Commence at the Northwest corner of said Section 24 and run South 00°33'52" East along the West line of said Section 24, a distance of 1400.00 feet; thence North 86°18'56" East, a distance of 4094.24 feet: thence South 22°55'51" East, a distance of 201.03 feet to the Point of Beginning; thence North 87°52'59" East, a distance of 318.24 feet to the Westerly right of way line of US. Highway No. 1 (a 158 foot wide right of way); thence South 22°55'51"' East along said Westerly right of way line, a distance of 688.39 feet; thence South 87°53' 15" West, a distance of 318.25 feet; thence North 22°55'51" West, a distance of 688.36 feet to the Point of Beginning. Lakeview Estates 19 LEGEND: Lakeview Estates 20 EXHIBIT "B" MASTER PLAN SITE DATA: E%IBfiNG RPW,FFSICENf4YPUIINEG u96 Nxn�mun[ wI ¢®.anE S=Rvuo �,, duN �nC(PFAwT1Eo) t® w zr. ns=snseF ... n ma�mr.+.o.s4 N, Piw.Noxcvu¢el azencNEs iG�E(cwnaG in IN 0 IN 0JL .-.. �•,�•. MISN19fY 9ET0S 2WNG E.IEX9O6 ¢C �s\ NOOM1wPL N �� , I c I ® \ rrucrr �1 11 oPnINNGE \\\ ^ . ILA 7 Civil Engineering Design Studio, Inc. LAKEVIEW ESTATES PUD PUD MASTER PLAN PDA-100 m 0 0 N 0 0 z X 0- z 121- F_ 0 W 00 0 04 0 0 U) Ld 3: W 5; W _j (10 11) O C14 1-1 W F_ Q W 'D 0 ILLI V) F_ 11-1 V) X Ld 9 0 W Q_ Q V) I-, z W W ?I- e3 TRACT A STREET TRACT TRACT TRACT TRACT D TRACT 9.59 AC TRACT TRACT G TRACT H TRACT I TRACTJ LOT A LOTS 1- 109 TOTAL YI COMMENCEMENT VEST CORNER 4 24-18-S4 TRACTS, LOTS, AND DEDICATED EASEMENT TABLE ACREAGE LAND USE MAINTENANCE AUTHORITY OWNERSHIP 1.12 AC COMMON AREA, PARKING, CROSS -ACCESS, STORMWATER, RECREATIONAL AREA, LAKEViEW ESTATES PD POA LAKEVIEW ESTATES PD POA FDOT EASEMENT, ACCESSORY STRUCTURES 5.46 AC PRIVATE DRIVEWAY, CROSS -ACCESS, DRAINAGE & UTILITY EASEMENTS, SIGNAGE, LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA FDOT EASEMENT, ACCESSORY STRUCTURES *CITY OF EDGEWATER 0.51 AC STORMWATER LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 0.02 AC UTILITY TRACT (PUBLIC PUMP STATION) VOLUSIA COUNTY LAKEVIEW ESTATES PD POA 0.08 AC OPEN SPACE / DRAINAGE EASEMENT LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 3.99 AC - UPLANDS ACTIVE/PASSIVE RECREATIONAL AREA, NATURAL LAKE, DRAINAGE EASEMENTS, LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 3.03 AC - LAKE WETLAND & BUFFER 2.57 AC - WETLANDS 6.54 AC ACTIVE/PASSIVE RECREATIONAL AREA, DRAINAGE EASEMENTS, STORMWATER LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 0.95 AC ROAD EASEMENT *CITY OF EDGEWATER LAKEVIEW ESTATES PD POA 0.08 AC OPENS SPACE / DRAINAGE EASEMENT LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 0.28 AC OPEN SPACE, ROAD EASEMENT LAKEVIEW ESTATES PD PDA LAKEVIEW ESTATES PD POA *CITY OF EDGEWATER 0.08 AC OPEN SPACE LAKEVIEW ESTATES PD POA LAKEVIEW ESTATES PD POA 4.06 AC COMMERCIAL/RETAIL, ROAD EASEMENT, FDOT EASEMENT EDGEWATER ROUTE 1 EDGEWATER ROUTE 1 HOTEL, LLC HOTEL, LLC *CITY OF EDGEWATER I 15.11 AC DUPLEX AND SFR LOTS LAKEVIEW ESTATES PD POA I LAKEVIEW ESTATES PD POA 43.88 AC *EXISTING 30'WIDE ROAD EASEMENT ENCROACHMENT (CLINTON CEMETERY ROAD) TO BE MAINTAINED BY THE CITY OF EDGEWATER. NET DENSITY = 45.86 - LOT A - LOT B - STREET TRACT - WETLANDS = 32.66 ACRES 109 LOTS / 32.66 ACRES = 3.34 UNITS / ACRE POINT OF BEGINNING PARCEL:. 24-1 SS p > 4V 0,- 011 _k 4V _P 011 JV 4V 4 12 HEAVY INDUSTRIAL ZONING SITE DATA: FUTURE LAND USE: ZONING PUD SIZE: NO. OF LOTS:, NET DENSITY WETLAND IMPACTS: 12 HEAVY INDUSTRIAL ZONING LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL COMMERCIAL EXISTING = RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) B-3 (HIGHWAY COMMERCIAL) A-3 PROPOSED = RPUD 43.88 ACRES 109 3.43 UNITS/ACRE (EXCLUDES LOTS A, B, R/W AND WETLANDS) 4.74 ACRES UTILITY SERVICES: WATER — CITY OF EDGEWATER SEWER — VOLUSIA COUNTY MAXIMUM IMPERVIOUS COVERAGE: 70% MINIMUM BUILDING SF: 1,200 SF MAXIMUM BUILDING COVERAGE: 50% DENSITY: MINIMUM LOT SIZE: BUILDING SETBACKS: 4 UNITS / AC (PERMITTED) 45'x 115'= 5,175 SF FRONT = 20' SIDE = 0' & 7.5' SIDE (CORNER) = 15' REAR = 10, N 86'b 265.88' (MEASURED) W \_pCjNT CDNjMEKEm .- e,ENT R BED) CORNER SECTION 24-18--34. A z A 150 B-3 ZONING TRACT D DRAINAGE PUMP STATION ACCESS EASEMENT UTILITY EASEMENT TRACT C (Typ) N8G 0 F F 0 0 00 00 00 0 0 0 0 00 0 G 0 00 (D (D 45' RECREATIONAL AREA — ------ /0 46' �l1 1,1, �(r/I�/(1 �/! rY/''-Y'-y� +Y_r-Yir rr r r y/Yr(',Y Y�'I�i// / ^ �77 45' F (D F (D G G G G G � ^ I I Ie (D 0 G 0- e a 0 -� � 0 0 L L L -� p r 0. Y� r� r r �// ! / /� 76 1 In, r Y Y ' � / \ \ D G TRACT F TRACT F h STREET r TRACTI 1___P_0!N1 OiF .311, 8i 98 PARCI-1: G E) 1D2 \ r7l) 100 0 100 200 POINT OF BEGINNING PARCEL: 24--1534-00--0042 THIS PLAN MAY HAVE BEEN REDUCED IN SIZE A \\\\\\ \ VERIFY BEFORE SCALING DIMENSIONS RACT B TRACT E DRAINAGE EASEMENT LOT A\ \ \ 72 O �\ (TYP) G lo E) /I//r.y y l yyf 28 \j / \ I I / \,V D�y� \ G 0 0� lv, 0 ��C), \W lJ / y +y�� y `11" J}' ✓/ 69 \\/ 0 -),:, Y'- r t 1 / �" ,il l y Y}.., C 29 \ \ \ \ 63 4�1 108 I, p 0— G) ✓C-1) 0 \4 /"y Y y //.`ff;f 31 \ G TRACT F F (D (D RECREATIONAL 011 >I. P TRACTI AREA — ------------- ! � � / // /\ \ 0 .. . .......... — ----- e >11 ->ilh. 1 —1 L__1 ...... .... . ..... . ... ... . . . ........ . ... ..... AW- �4.... . ........ TRACT G . ..... .. i7F 7 LEGEND: G kad ... . .... ..... .01 . . .... ...... J� 144401 . .......... . . . ...... ........ .... . . 411 fill G . . ..... /f, - (D v B-3 `Z $01 Hh,. (OD EMERGENCY WETLANDS \V- 01 If ZONING 4V 4V >I. VEHICLE ACCESS TRACT H A-3 P11 4V v 441 G ZONING W, i IN, G 011 �Iv UPLAND BUFFER >* J/1 / 4V A-3 ZONING 14 LOT DESIGNATION A-3 ZONING R � g TT, r-t m MTM Civil Engineering Design Studio, Inc. P.O. Box 520062 Longwood, Florida 32752-0062 PHONE: 407.488.9456 FAX: 407.641.9993 CERTIFICATE OF AUTHORIZATION # 28312 LAKEVIEW ESTATES PUD Edgewater, Florida ENGINEERS SEAL CONSTANCE D. SILVER, P.E., LEED AP FLORIDA LICENSE #54842 PUD MASTER PLAN Sheet Title JOB NO. 2017.038 SCALE: AS SHOWN DATE: 06/17/19 DESIGN CAO DRAWN: CAO CHECKED: CAO PDA-100 0 E13 File #: AR-2019-4422, Version: 2 City of Edgewater Legislation Text ITEM DESCRIPTION: Amendment to Article XVII (Development/Impact Fees) of the Land Development Code 104 N. Riverside Drive Edgewater, FL 32132 REQUESTED ACTION: Send a favorable recommendation to City Council for the amendments to Article XVII (Development/Impact Fees) of the Land Development Code. Background: The City contracted with Mead & Hunt to complete an Impact Fee Analysis and update the Impact Fee Program. Impact fees are a fee charged by governments to developers/builders as a total or partial reimbursement for the cost of providing additional facilities or services needed as a result of new development (e.g. new roads, schools, parks etc.). The City of Edgewater has seen significant residential growth over the past several years and with it increased need for infrastructure improvements. This growth is expected to continue in the future. Although Resolution 2004-R-13 allows for the annual review/adjustment of all impact fees by City staff, the City has not increased its impact fees for Police, Fire/EMS, Parks and Open Space, and Transportation since 2006. Utility Impact fees were last adjusted in 2009. This analysis includes a review of the City's impact fee ordinances, population estimates through 2038 and recommendations for impact fee adjustments to support projected growth. It offers the following fee components for the City of Edgewater: • Police • Fire • Recreational Parks and Open Space • Transportation • Utilities The amendments to the following areas of Article XVII are proposed based on the Impact Fee Analysis: Review of Fees Formula used to determine appropriate impact fees Refund of fees RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendments to Article XVII of the Land Development Code. City of Edgewater Page 1 of 1 Printed on 10/3/2019 powered by LegistarTM ARTICLE XVII DEVELOPMENTAMPACT FEES SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES ........... XVII-1 21-310.01 - Intent; Purpose; Basis.................................................................................................. XVII-1 21-310.02 - Definitions................................................................................................................... XVII-1 21-310.03 - Exemptions; Non -Exemptions; Waivers..................................................................... XVII-1 21-310.04 - Pedestrian System Development Fee Schedule........................................................... XVII-2 SECTION 21-311 - TREE PRESERVATION/RELOCATION DEVELOPMENT FEES........ XVII-2 21-311.01 - Intent; Purpose............................................................................................................. XVII-2 21-311.02 - Tree Relocation Maintenance/Monitoring Requirements ............................................ XVII-2 21-311.03 - Tree Relocation Bond Requirements........................................................................... XVII-3 21-311.04 - Payment in Lieu of Tree Replacement........................................................................ XVII-3 21-311.05 - Tree Replacement Account.......................................................................................... XVII-3 SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES ............ XVII-4 21-320.01 - Intent; Purpose............................................................................................................. XVII-4 21-320.02 - Payment required......................................................................................................... XVII-4 21-320.03 - Assessment of fees....................................................................................................... XVII-4 21-320.04 - Basis for imposition..................................................................................................... XVII-4 21-320.05 - Adjustments................................................................................................................. XVII-5 21-320.06 - Annual review.............................................................................................................. XVII-5 21-320.07 - Credits.......................................................................................................................... XVII-5 21-320.08 - Vested rights................................................................................................................ XVII-6 21-320.09 - Exemptions.................................................................................................................. XVII-7 21-320.10 - Separate account to be kept......................................................................................... XVII-7 21-320.11 -Use of funds................................................................................................................. XVII-7 21-320.12 - Penalties for offenses................................................................................................... XVII-8 SECTION 21-321 - FIRE PROTECTION AND EMS IMPACT FEES ......................................XVII-8 21-321.01 - Intent; Purpose............................................................................................................. XVII-8 21-321.02 - Imposition of Fees....................................................................................................... XVII-8 21-321.03 - Fees.............................................................................................................................. XVII-8 21-321.04 - In -Kind Contributions; Refusal of Adjustment; Covenants ......................................... XVII-8 21-321.05 - Review of Fees............................................................................................................ XVII-9 21-321.06 - Trust Fund.................................................................................................................... XVII-9 21-321.07 - Collection, Administrative Fees and Use of Funds ..................................................... XVII-9 21-321.08 - Refund....................................................................................................................... XVII-11 21-321.09 - Credits........................................................................................................................ XVII-11 21-321.10 - Exemptions................................................................................................................ XVII-12 21-321.11 -Appeals ...................................................................................................................... XVII-12 21-321.12 - Lien/ Withholding of Permits for Non -Payment ................................................... XVII-13-14 21-321.13 - Violations; Relief....................................................................................................... XVII-13 SECTION 21-322 - POLICE IMPACT FEES.............................................................................XVII-13 21-322.01 - Intent; Purpose........................................................................................................... XVII-13 21-322.02 - Imposition of Fees..................................................................................................... XVII-13 21-322.03 - Fees............................................................................................................................ XVII-14 CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-i 21-322.04 - In -Kind Contributions; Refusal of Adjustment; Covenants....... 21-322.05 - Review of Fees.......................................................................... 21-322.06 - Trust Fund.................................................................................. 21-322.07 - Collection, Administrative Fees and Use of Funds ................... 21-322.08 - Refund....................................................................................... 21-322.09 - Credits........................................................................................ 21-322.10 - Exemptions................................................................................ 21-322.11 -Appeals...................................................................................... 21-322.12 - Lien; Withholding of Permits for Non -Payment ....................... 21-322.13 - Violations; Relief....................................................................... .............................. XVII-14 .............................. XVII-14 .............................. XVII-15 .............................. XVII-15 .............................. XVII-16 .............................. XVII-16 .............................. XVII-17 .............................. XVII-18 .............................. XVII-18 .............................. XVII-18 SECTION 21-323 - TRANSPORTATION/ROAD IMPACT FEES ................. 21-323.01 - Short Title; Statutory Authority; Applicability of Section ............... 21-323.02 - Purpose and intent............................................................................. 21-323.03 - Definitions and Rules of Construction .............................................. 21-323.04 - Interpretation of Article; Enforcement; Penalty ............................... 21-323.05 - Imposition of Fee.............................................................................. 21-323.06 - Independent calculation.................................................................... 21-323.07 - Review of Fees................................................................................. 21-323.08 - Payment............................................................................................ 21-323.09 - Trust funds; Use of funds................................................................. 21-323.10 - Refunds............................................................................................. 21-323.11 - Exemptions and credits..................................................................... 21-323.12 - Periodic review................................................................................. 21-323.13 - Administrative review; Procedures ................................................... 21-323.14 - Final administrative review; Hearings .............................................. ...................... XVII-19 ...................... XVII-19 ...................... XVII-19 ...................... XVII-19 ...................... XVII-24 ...................... XVII-24 ...................... XVII-27 ...................... XVII-28 ...................... XVII-28 ...................... XVII-29 ...................... XVII-30 ...................... XVII-31 ...................... XVII-32 ...................... XVII-32 ...................... XVII-33 SECTION 21-324 -WATER SYSTEM EXTENSION.................................................................XVII-34 21-324.01 - Intent; Purpose; Basis................................................................................................ XVII-34 21-324.02 - Availability................................................................................................................ XVII-34 21-324.03 - On -Site Facilities....................................................................................................... XVII-35 SECTION 21-325 - WATER CAPITAL CHARGES..................................................................XVII-35 21-325.01 - Intent; Purpose; Basis................................................................................................ XVII-35 21-325.02 - Obligations of the City............................................................................................... XVII-36 21-325.03 - Obligations of Developer........................................................................................... XVII-37 21-325.04 - Developer Agreements Required............................................................................... XVII-37 21-325.05 - Easements and Right-of-Way.................................................................................... XVII-37 21-325.06 - System Design; Independent Engineers; City's Engineer ......................................... XVII-38 21-325.07 - Meter Installation and Connection Fees.................................................................... XVII-38 21-325.08 - Inspection Fees...................................................................................................... XVII-393-9 21-325.09 - Transfer of Contributed Property; Bills of Sale ......................................................... XVII-39 21-325.10 - Off -Site Facilities; Refundable Advances................................................................. XVII-40 21-325.11 - Water Capital Charge Adjustment; Escalation.......................................................... XVII-41 21-325.12 - Water Capital Charges for Consumers Outside City Limits ...................................... XVII-42 21-325.13 - Availability of Copies of Policy................................................................................ XVII-42 SECTION 21-326 - SEWER SYSTEM EXTENSION.................................................................XVII-42 21-326.01 - Intent; Purpose; Basis................................................................................................ XVII-42 21-326.02 - Availability............................................................................................................ XVII-434-2 21-326.03 - Agreements with Other Municipalities...................................................................... XVII-43 CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-ii 21-326.04 - On -Site Facilities....................................................................................................... XVII-43 SECTION 21-327 - SEWER CAPITAL CHARGES...................................................................XVII-43 21-327.01 - Intent; Purpose; Basis................................................................................................ XVII-43 21-327.02 - Obligations of City.................................................................................................... XVII-44 21-327.03 - Obligations of Developer........................................................................................... XVII-45 21-327.04 - Developer Agreements Required............................................................................... XVII-45 21-327.05 - Easements and Rights-of-Way................................................................................... XVII-45 21-327.06 - System Design; Independent Engineer; City's Engineer ....................................... XVII-464� 21-327.07 - Inspection Fees.......................................................................................................... XVII-46 21-327.08 - Transfer of Contributed Property; Bills of Sale ......................................................... XVII-46 21-327.09 - Off -Site Facilities; Refundable Advances................................................................. XVII-47 21-327.10 - Sewer Capital Charge; Adjustment; Escalation......................................................... XVII-49 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits ..................................... XVII-49 CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-iii SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES 21-310.01 - Intent; Purpose; Basis a. Pedestrian systems are located within the public right-of-way and are a component of the City's overall transportation system. This project approach is based on the premise that all the elements of the public right-of-way provide a community -wide, public benefit, not just the roadway used for vehicles. b. Pedestrian System Development Fees allow the cost of constructing new sidewalks to be broad based and borne by new development activities. This system allows the City flexibility to establish priorities for new sidewalk locations. c. The City shall be responsible for construction of new sidewalks, outside of new residential subdivisions and replacement of sidewalks on existing City streets. d. The City shall carry out an active inspection and repair program with repairs being made on a priority basis versus a random complaint basis. e. The general aesthetic care of sidewalks within the City's right-of-way area is the responsibility of each adjacent property owner. 21-310.02 - Definitions a. New Building Construction - new building construction shall mean any structure designed or built for the support, enclosure, shelter or protection of persons and/or animals or movable property. It includes all structures used for housing, warehousing, business, commercial or industrial purposes whether temporary or permanent. b. Storage Sheds - shall be considered an accessory use to the principle permitted use. Sheds shall not be misconstrued with warehouses, mini -warehouses or separate buildings used for commercial or industrial type storage units. c. Roadway/Streets - public or private roads falling into one of several categories as defined in Article II of the Land Development Code and which classification is consistent with the Comprehensive Plan. 21-310.03 - Exemptions; Non -Exemptions; Waivers a. Exemptions: 1. New residential subdivisions providing sidewalks on both sides of all streets; 2. Storage sheds b. Non -Exemptions: 1. Established developments or other areas that may not have the necessary pedestrian/sidewalk facilities needed, will not be exempt from development fees for new CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-1 building construction. c. Waivers: 1. All applications for a waiver from the required sidewalk construction will be reviewed and approved by the Technical Review Committee (TRC). 2. If the TRC grants a favorable decision for the waiver, the TRC will then make a recommendation for the amount of compensation the owner/developer must contribute to the Pedestrian System Development Fund. 3. Once the TRC completes their recommendation, the application will be forwarded to the City Council for final approval. 21-310.04 - Pedestrian System Development Fee Schedule a. New Construction: Fees shall be calculated per linear foot of property frontage. Rates may vary depending on roadway classifications. For property located on more than one street, the property frontage shall mean the street -addressed side/location. The Pedestrian System Development Fee Rate Schedule shall be established by Fesolution ordinance of the City Council. b. Fee Adjustment: City Staff shall preview all fees relating to this Section every two (2) years. All adjustments shall be based on the percentage change as contained in the U.S. Bureau of Labor Statistics Southeast RegionalCPI (Consumer Price Index — All Urban Consumer) eM and shall be automatically adjusted on October 1 of eaek every other fiscal year. SECTION 21-311 - TREE PRESERVATION/RELOCATION DEVELOPMENT FEES 21-311.01 - Intent; Purpose The City desires to improve the appearance of the City; protect and improve property values by protecting certain trees to aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and assist with the replenishment of groundwater supplies. Based on the requirements contained in Chapter 21 (Land Development Code), Article V (Site Design Criteria), Sections 21-54 (Landscaping Requirements) and 21-55 (Tree Protection Requirements), the City acknowledges that there are certain extenuating circumstances during new construction and/or development. 21-311.02 - Tree Relocation Maintenance/Monitoring Requirements Any person conducting tree relocation activities shall: CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-2 a. Maintain the health of a relocated tree for a period of two (2) years following final inspection and approval. b. Replace, with an equivalent cross Sectional area, within sixty (60) days, a relocated tree that dies or is determined by the City to be effectively destroyed within two (2) years of being relocated. The two (2) year maintenance period shall begin anew whenever a tree is replaced. 21-311.03 - Tree Relocation Bond Requirements a. Unless otherwise exempted by this Article, any person conducting tree relocation activities must post a bond to insure the survival of the relocated tree designated for preservation. Said bond shall meet the approval of the City Attorney's office and may be in the form of a letter of credit drawn upon banks or savings and loan institutions legally doing business in the State of Florida, cash bonds issued by an insurance company legally doing business in the State of Florida or other acceptable means as approved by the City Attorney's Office. This bond shall be in addition to any other bond that may be required by any other governmental entity. b. Determination of the bond amount shall be computed pursuant to the Tree Relocation Fee Schedule as established by ~esiordinance of the City Council. c. Governmental entities are exempt from bond requirements. d. Release of Bonds. Tree relocation bonds will be released upon successful tree relocation as set forth in this Article and upon written approval by the City. e. Drawing on Bonds. If a tree is determined by the City to be effectively destroyed within two (2) years from the date of relocation, the bond shall be drawn upon and funds will be deposited into the Tree Replacement Trust Fund. Said funds will be expended pursuant to Section 21-311.05 of this Article. 21-311.04 - Payment in Lieu of Tree Replacement If it is determined by the City that tree replacement is not feasible due to lack of available planting space, the following applies: a. The person conducting the tree replacement activity shall, in lieu of actual tree replacement, pay a replacement contribution into the City Tree Replacement Trust Account. b. The replacement contribution will be determined using a Replacement Tree Fee Schedule as established by-eselt4ieiirordinance of the City Council. 21-311.05 - Tree Replacement Account a. Establishment. A City Tree Replacement Account is hereby established as a depository for CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-3 tree replacement fees and monies. b. Dispersal of Assets. The funds in said account shall be expended, utilized and disbursed for the planting of trees,12alms, shrubbe1y, ground cover, ornamentals and accent plantings;, and to cover any other ancillary costs including but not limited to: landscaping, irrigation, sprinkler systems and other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree and landscaping ecosystems on any public land within the City. These monies may also be utilized to engage support elements such as landscape architects and additional personnel, if deemed necessary in the opinion of the City Manager, following established City procedures. c. All monies deposited for use as specified in this Section shall be deposited in an appropriate line code as determined by the Finance Department. SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES 21-320.01 - Intent; Purpose This Section is established to address the need for capital funds to support the orderly expansion of the City's recreational parks facilities. The impact fees provide for the funding of recreational parks facilities and improvements related thereto by imposing fees upon new construction that are commensurate with or less than the burdens reasonably anticipated to be imposed by them. This Section is intended to implement and be consistent with the City of Edgewater Comprehensive Plan. 21-320.02 - Payment required Any person who, after the effective date of this Article, seeks to develop land by applying for the issuance of a building permit for a dwelling unit, as defined in the Land Development Code, shall be required to pay a Recreational Parks and Open Space Impact Fee prior to the issuance of a building permit or any other development permit for the construction of any structure to be used for a dwelling unit. 21-320.03 - Assessment of fees A Recreational Parks and Open Space Impact Fee in an amount as established by resin ordinance of the City Council will be assessed by the City and shall be collected by the City prior to issuance of a building permit or any other development permit for the construction of any structure to be used for a dwelling unit. 21-320.04 - Basis for imposition a. The fee imposed shall be a result of the City's fee calculation studies which shall be designed to ensure that the impact fee imposed is rationally related to the benefit received by the applicant. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-4 b. Recreational Parks and Open Space Impact Fee Formula. The following formula shall be used to determine the impact fee Der unit of development: Impact Fee = Park Fee + Fee in Lieu Park Fee = (Overall Estimated Cost/Population) * (Functional Population/Unit) Fee in Lieu = Land Acquisition Cost/ERU 21-320.05 - Adjustments In the event that an applicant believes the impact of his/her new dwelling units will be less than that set forth herein, the applicant may, at his/her option, submit evidence to the City in support of an alternative recreational parks and open space impact assessment. Based upon convincing and competent evidence, the City may adjust the impact fee as appropriate for that particular property. 21-320.06 - Review of Fees City staff shall review all fees relating to this Section every 4-0etwo (52)years. All adjustments shall be based on a review of parkland and recreational facility Level of Service (LOS) standards located in the Comprehensive Plan, population projections, value of facility improvements, and cost of parkland acquisition. 21-320.07 - Credits a. An applicant shall be entitled to a credit against the Recreational Parks and Open Space Impact Fee assessed pursuant to this Article in an amount equal to the cost of off -site improvements and the cost of improvements to on -site recreational facilities which create excess capacity for the general public or contributions to the City of land, money or services by the applicant or his predecessor in interest as a condition of any development agreement entered into with the City prior to the effective date of this Article. Such credit shall be based on the following criteria: The actual cost or estimated cost based on recent bid sheet information of the City or County, of off -site related improvements by the applicant to the recreational system. Off - site improvements eligible for a credit are those improvements proposed that will benefit not only the dwelling units on -site, but also the general public. Improvements not eligible for a credit are those recreational facilities that are privately owned or that serve only the dwelling units within the development. 2. The actual cost or estimated cost of improvements based on recent bid sheet information of the City or County with respect to that portion of on -site recreational improvements which creates excess capacity for the general public. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-5 3. The contribution of land, money or services by the applicant for off -site improvements to the City's recreational system and for improvements to on -site recreational facilities which create excess capacity for the general public. The credit for land contributed will be based on a pro rata share of the appraised land value of the parent parcel as determined by an MAI appraiser selected and paid for by the applicant and approved by the Technical Review Committee (TRC) or based on such other method as may be mutually agreed upon by the applicant and the TRC. In the event that the TRC disagrees with the appraised value, the City may select and pay for another appraiser, and the credit shall be an amount equal to the average of the two appraisals. 4. Unless otherwise provided in a development agreement between the City and the applicant or his/her predecessor in interest, no credit for contributions or donations made prior to the effective date of this Article shall be granted unless the cost of the improvements was paid for or the contributions were made within the two years prior to the effective date of this Article. 5. No credit shall exceed the amount of the Recreational Parks and Open Space Impact Fees assessed herein. b. The amount of the credit shall be determined by the TRC. However, the determination may be appealed to the City Council, whose decision shall be final and binding on the applicant. c. Any credit issued pursuant to this Article may be transferred by the applicant to any successor interest in the property. d. Except as provided herein, previous development agreements wherein voluntary Recreational Parks and Open Space Impact Fees were specified and paid shall be binding as to any building permit already issued on land subject to the development agreement. e. Notwithstanding the criteria specified herein, if any of the development agreements provide that credits against future Recreational Parks and Open Space Impact Fees enacted by the City will be granted for specified contributions to the City of land, money or services for improvements to the City's recreational system, such credits against the Recreational Parks and Open Space Impact Fee shall be granted on the basis provided for in such agreement. 21-320.08 - Vested rights a. It is not the intent of this Article to abrogate, diminish or modify the rights of any person that has vested rights pursuant to a valid governmental act of the City. An applicant may petition the City Council for a vested rights determination which would exempt the applicant from the provisions of this Article. Such petition shall be evaluated by the City Attorney and a recommendation thereon submitted to the City Council based on the following criteria: Expenditures or obligations made or incurred in reliance upon an authorizing act are reasonably equivalent to the fee required by Sections 21-320.03; 21-320.04 and 21- CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-6 320.05. b. If an applicant has previously entered into a development agreement with the City with conditions regarding off -site recreational improvements, the applicant or his successor in interest may request a modification of the prior development agreement in order to bring the conditions into consistency with this Article. Any request for such modification must be filed with the Development Services Department within one year of the effective date of this Article. 21-320.09 - Exemptions The following shall be exempt from payment of the Recreational Parks and Open Space Impact Fee: a. Those dwelling units which have been issued a building permit prior to the effective date of this Article. b. Those dwelling units which have received a certificate of occupancy prior to the effective date of this Article. c. Additions or expansions to single-family residences. 21-320.10 - Separate account to be kept The Recreational Parks and Open Space Impact Fees collected by the City pursuant to this Article shall be kept separate from other revenue of the City. Funds withdrawn from this account must be used solely in accordance with the provisions of this Article. The disbursal of funds shall require the approval of the City Council. 21-320.11 - Use of funds a. The funds collected by reason of establishment of the Recreational Parks and Open Space Impact Fee in accordance with this Article shall be used solely for the purpose of planning, acquisition, expansion and development of off -site improvements to the City's recreational system determined to be needed to offset the impacts of new development within the City. Off -site improvements are improvements to recreational parks which are not on the property upon which dwelling units will be constructed. b. All funds shall be used in a manner consistent with the principles set forth in Florida Statutes and case law and otherwise consistent with all requirements of the Constitutions of the United States and the State of Florida. Said funds shall not be used to maintain or repair existing recreational facilities. c. Any funds on deposit not immediately necessary for expenditure shall be invested in interest bearing accounts. All income derived shall be deposited in the Recreational Parks and Open Space Impact Fee Account. Applicants shall not receive credit for or be entitled to interest CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-7 from the investment of funds. 21-320.12 - Penalties for offenses Violations of this Article shall constitute a misdemeanor enforceable in accordance with the City Code or by an injunction or other legal or equitable relief in Circuit Court against any person violating this Article, or by both civil injunctive and criminal relief. SECTION 21-321 - FIRE PROTECTION AND EMS IMPACT FEES 21-321.01 - Intent; Purpose a. This Section is intended to implement and be consistent with the City of Edgewater's Comprehensive Plan. b. The purpose of this Section is to ensure that the new development pays a fair share of the anticipated costs of equipment and facilities necessary to provide fire protection for new development. 21-321.02 - Imposition of Fees a. Any person who, after the effective date of this Article, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified herein shall be required to pay the Fire Protection and Emergency Medical Services (EMS) Impact Fee prior to the issuance of a building permit or any other development permit. b. When a change of use, redevelopment or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. 21-321.03 - Fees a. The amount of Fire Protection and EMS Impact Fees imposed under this Section shall be as established by r-eselutieii ordinance of the City Council. b. Fire/EMS Impact Fee Formula. The following formula shall be used to determine the impact fee per unit of development: Impact Fee = Functional Population/Unit * Cost/Functional Population 21-321.04 - In -Kind Contributions; Refusal of Adjustment; Covenants a. Independent calculations for credits for in -kind contributions made after the effective date of this Article shall be submitted to and approved by the City Manager prior to effecting the contribution. b. The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an independent calculation shall be in writing and must be transmitted by certified mail to the CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-8 fee payer. c. The City Manager shall require that a covenant running with the land be executed and recorded on the subject property where: the independent calculation is based on a use of land having a lesser impact than that upon which the schedule is based, as applicable; the property could be put to a use having a greater impact than that proposed with such use not requiring future approval by the City; or for such other reasons necessary to ensure compliance with this Article. The covenant shall hold the fee simple interest in the land and mortgage as appropriate. The covenant shall recite this Article and the facts and reasons underlying its execution. It shall set forth the restrictions on the property and the terms and conditions under which it may be released. 21-321.05 - Review of Fees a. City staff shall review all fees relating to this Section every two (2) years. All adjustments shall be based on the functional population methodology, with a review of current level of service, and using the most recently available data from Institute of Transportation Engineers (ITE), Volusia County Appraisers Office, and value of capital facility improvements. a. Git-y Staff shall a+ffvdally r-e-,4ew all fees r-elating te this Seetieti. All adjustmef4s shall iffipaet fi-,e Amount is based, the, -Affi-A-4-14fit sliall be aE��sted based upoff the then &eistifig le-,,e4 21-321.06 - Trust Fund The Fire/EMS Impact Fee shall be deposited in a Fire/EMS Impact Fee Trust Fund. The trust fund shall be invested by the City in interest bearing sources and all income derived shall accrue to the trust fund. The funds shall be used only for capital improvement costs for which the impact fee was levied and which would add capacity needed to serve new development. The City Manager shall identify in the City's annual budget the designated capital improvements for which the Fire/EMS Impact Fees will be spent. The funds shall remain restricted to the Fire/EMS Trust Fund and the requirements of this Section. The City Manager shall ensure that these designated funds are expended and accounted for in accordance with the provisions of this Section. The City shall maintain such records and documentation necessary to allow the effective audit of the use of the Fire/EMS Impact Fees. 21-321.07 - Collection, Administrative Fees and Use of Funds a. The fee payer shall pay the Fire/EMS Impact Fee to the City for deposit into the Fire/EMS Impact Fee Trust Fund prior to the issuance of a building permit which may be required for CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-9 development listed in the schedule contained in Section 21-321.03. No building permit may be issued until such fees have been paid or until the City has accepted title to land area meeting the standards set out in this Article. For land uses not requiring a building permit, an alternative development order shall not be granted until the impact fees have been paid. b. In lieu of all or part of the impact fees, City Council may accept the offer by a fee payer to dedicate land and/or construct all or part of a Fire/EMS project. Such construction must be in accordance with State, County and City design standards applicable to the project. The fee payer shall submit a project description in sufficient detail to allow the preparation of an engineering and construction cost estimate. c. If the City Council accepts such offer, the City Manager shall credit the cost of this construction against the Fire/EMS Impact Fee otherwise due. The portion of the fee represented by the facilities construction shall be deemed paid when the construction is completed and accepted by the City or when the fee payer posts security as provided in subsection (d) of this Section for the costs of such construction. The portion of the fee represented by land dedication shall be deemed paid when the title to the land dedicated for that purpose has been accepted by the City. d. Security in the form of a performance bond or escrow agreement shall be posted with and made payable to the City in an amount approved by the City Manager equal to one hundred ten percent (110%) of the full cost of such construction. If construction of the project is not to be completed within one year of the acceptance of the offer by the City, the amount of security shall be increased by ten percent (10%) compounded, for each year of the life of the security. The security shall be reviewed and approved by the City Manager's office prior to acceptance of the security by City Council. e. No impact fee is required for the issuance of any building permit for residential use which does not result in an additional living unit. f. All funds collected pursuant to this Section shall be promptly transferred for deposits into the Fire/EMS Trust Fund. Impact fee collections shall be used exclusively for land acquisition, capital improvements, purchases or expansion related to the public purpose for which such fees were collected, with the exception of impact fee administrative costs pursuant to paragraph (g) below. Funds shall be expended in the order in which they are collected. g. The City shall be entitled to retain up to four percent (4%) of the impact fees collected as an administrative fee to offset the costs of administering this Section. h. If any impact fees that are paid by check, draft or other negotiable instrument, do not clear; the building permit or development order authorizing the development for which the impact fee was paid shall be suspended and the City shall send the appropriate suspension notice to the fee payer by certified mail. If the impact fee, together with any charges for funds not clearing, are not paid within ten (10) business days following mailing of the notice, the building permit or development order shall be of no further force and effect for purposes of this Article and a stop work order shall be issued and remain in effect until such time as the CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-10 impact fee is paid and the funds clear. 0 0 the iff+paet fee No iffter-est be ) of paid. will paid Ste: .EEtlf NR�: •ffiw 21-321.49-08 - Credits a. An applicant shall be entitled to a credit against the Fire Protection and EMS Impact Fees assessed pursuant to this Section in an amount equal to the cost of improvements which create excess capacity for the general public or contributions to the City of land, money, facilities, equipment or services by the applicant or his predecessor in interest as a condition of any development agreement entered into with the City. Such credit shall be based on the following criteria: 1. The actual cost or estimated cost, based on recent bid sheet information of the City of Edgewater or Volusia County, of off -site improvements. Improvements eligible for a credit are those improvements proposed that will benefit not only the dwellings on -site, but also the general public. Improvements not eligible for a credit are those facilities that are privately owned or that serve only the dwellings within the development. 2. The actual cost or estimated cost of improvements based on recent bid sheet information of the City of Edgewater or Volusia County with respect to that portion of on -site improvements which creates excess capacity for the general public. 3. The contribution of land, money, facilities, equipment or services by the applicant for improvements to the City's Fire/Rescue Department which creates excess capacity for the general public. Services must relate directly to the provision of land, facilities or equipment. The credit for land contributed will be based on a pro rata share of the appraised land value of the parent parcel as determined by an MAI appraiser selected and paid for by the applicant and approved by the City Manager or based on such other method as may be mutually agreed upon by the applicant and the City Manager. In the event that the City disagrees with the appraised value, the City may select and pay for another appraiser and the credit shall be an amount equal to the average of the two (2) CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-11 appraisals. 4. Unless otherwise provided in a development agreement between the City and the applicant or his predecessor in interest, no credit for contributions or donation made prior to the effective date of this Article shall be granted unless the cost of the improvements were paid for or the contributions were made within the two (2) years prior to this Article. 5. No credit shall exceed the amount of the fire impact fee assessed under Section 21- 321.03 of this Article. 6. No credit shall be allowed for the over -sizing of water lines, widening of roads or other improvements with only an indirect benefit for fire protection. b. The amount of the credit shall be determined by the City Manager. However, the determination may be appealed to the City Council, whose decision shall be final and binding on the applicant. c. Any credit issued pursuant to this Section may be transferred by the applicant to any successor in interest in the property. 21-321AW09 - Exemptions The following shall be exempt from payment of the Fire Protection and EMS Impact Fee: a. Those residential or nonresidential dwellings which have been issued a building permit or certificate of occupancy prior to the effective date of this Article, as may be amended from time to time. b. Additions to or expansions of single-family dwellings that do not create an additional living unit. c. The replacement of a building, mobile home, or structure that was in place on the effective date of this Article or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct impact fee had been paid or otherwise provided for, with a new building, mobile home or structure of the same use, provided that no additional impact fee will be produced over and above that produced by the original use of the land. 21-321.44-10 - Appeals Any decision made by the City Manager or his designee in the course of administering this Article may be appealed in accordance with those procedures set forth in this Code for appeals of administrative decisions. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-12 21-321.4-2-11 - Lien/ Withholding of Permits for Non -Payment a. If through error, omission or intent that the impact fee imposed under this Article is not paid in full, the amount unpaid together with statutory interest accruing from thirty (30) days following the date written notice was sent by certified mail, shall be a lien against the property on which the specific development from which the impact fee is due. Notice of the lien shall be recorded in the official records of the Clerk of the Circuit Court, in and for the County of Volusia. The lien shall have priority over all liens, mortgages and encumbrances, except taxes. If the notice of lien is not recorded within three (3) years following the date the building permit is issued for the development for which the impact fee is owed, the lien shall be of no force and effect. If this shall occur, the amount of the impact fee is due and payable to the City of Edgewater. If the lien remains unpaid for more than thirty (30) days following recording, it may be foreclosed in the manner provided by law for foreclosures of mortgages on real property. b. If the impact fee remains unpaid, no further building permits of any type shall be issued on the property for which the impact fee remains unpaid. Building permits, including certificates of occupancy and/or occupancy permits may be issued only upon full payment of any previously owed impact fee, together with any interest owing and current impact fee, if any. 21-321.4-3-12 - Violations; Relief Knowingly furnishing false information to the City Manager on any matter relating to the administration of this Article shall constitute a violation thereof. Violation of this Article shall constitute a misdemeanor enforceable in accordance with the City Code or by an injunction or other legal or equitable relief in the Circuit Court against any person violating this Article, or both civil injunctive and criminal relief. SECTION 21-322 - POLICE IMPACT FEES 21-322.01 - Intent; Purpose a. This Section is intended to implement and be consistent with the City of Edgewater's Comprehensive Plan. b. The purpose of this Section is to ensure that new development pays a fair share of the anticipated costs of equipment and facilities necessary to provide police protection for new development. 21-322.02 - Imposition of Fees a. Any person who seeks, after its effective date of this Article, to develop land by applying for the issuance of a building permit for one of the land use types specified herein shall be required to pay the Police Impact Fee prior to the issuance of a building permit or any other development permit in the manner and amount set forth in this Section. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-13 b. When change of use, redevelopment or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. 21-322.03 - Fees a. The amount of the Police Impact Fee imposed under this Section shall be as established by r-esalidtieii ordinance of the City Council. b. Police Impact Fee Formula. The following formula shall be used of determine the impact fee per unit of development: Impact Fee = Functional Population/Unit * Cost/Functional Population 21-322.04 - In -Kind Contributions; Refusal of Adjustment; Covenants a. Independent calculations for credits for in -kind contributions made after the effective date of this Article shall be submitted to and approved by the City Manager prior to effecting the contribution. b. The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an independent calculation shall be in writing and must be transmitted by certified mail to the fee payer. c. The City Manager shall require that a covenant running with the land be executed and recorded on the subject property where: the independent calculation is based on a use of land having a lesser impact than that upon which the schedule is based, as applicable; the property could be put to a use having a greater impact than that proposed with such use not requiring future approval by the City; or for such other reasons necessary to ensure compliance with this Article. The covenant shall hold the fee simple interest in the land and mortgage as appropriate. The covenant shall recite this Article and the facts and reasons underlying its execution. It shall set forth the restrictions on the property and the terms and conditions under which it may be released. 21-322.05 - Review of Fees a. City staff shall review all fees relating to this Section every two (2) years. All adjustments shall be based on the functional population methodology, with a review of current level of service, and using the most recently available data from Institute of Transportation Engineers (ITE), Volusia County Appraisers Office, and value of capital facility improvements. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-14 7al lliS.T_f�!!'1'rf�E�J!!�"!!�T_!!@!�!!!*S�ili5_ . 21-322.06 - Trust Fund The Police Impact Fee shall be deposited in a Police Impact Fee Trust Fund. The trust fund shall be invested by the City in interest bearing sources and all income derived shall accrue to the trust fund. The funds shall be used only for capital improvement costs for which the impact fee was levied and which would add capacity needed to serve new development. The City Manager shall identify in the City's annual budget the designated capital improvements for which the Police Impact Fee will be spent. The funds shall remain restricted to the Police Trust Fund and the requirements of this Section. The City Manager shall ensure that these designated funds are expended and accounted for in accordance with the provisions of this Section. The City shall maintain such records and documentation necessary to allow the effective audit of the use of the Police Impact fees. 21-322.07 - Collection, Administrative Fees and Use of Funds a. The fee payer shall pay the Police Impact Fee to the City for deposit into the Police Impact Fee Trust Fund prior to the issuance of a building permit which may be required for development listed in the schedule contained in Section 21-322.03. No building permit may be issued until such fees have been paid or until the City has accepted title to land area meeting the standards set out in this Article. For land uses not requiring a building permit, an alternative development order shall not be granted until the impact fees have been paid. b. In lieu of all or part of the impact fees, City Council may accept the offer by a fee payer to dedicate land and/or construct all or part of a Law Enforcement project. Such construction must be in accordance with State, County and City design standards applicable to the project. The fee payer shall submit a project description in sufficient detail to allow the preparation of an engineering and construction cost estimate. c. If the City Council accepts such offer, the City Manager shall credit the cost of this construction against the Police Impact Fee otherwise due. The portion of the fee represented by the facilities constructed shall be deemed paid when the construction is completed and accepted by the City or when the fee payer posts security as provided in subsection (d) of this Section for the costs of such construction. The portion of the fee represented by land dedication shall be deemed paid when the title to the land dedicated for that purpose has been accepted by the City. d. Security in the form of a performance bond or escrow agreement shall be posted with and made payable to the City in an amount approved by the City Manager equal to one hundred ten percent (110%) of the full cost of such construction. If construction of the project is not to be completed within one year of the acceptance of the offer by the City, the amount of security shall be increased by ten percent (10%) compounded for each year of the life of the CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-15 security. The security shall be reviewed and approved by the City Manager's office prior to acceptance of the security by City Council. e. No impact fee is required for the issuance of any building permit for residential use which does not result in an additional living unit. f. All funds collected pursuant to this Section shall be promptly transferred for deposits into the Police Trust Fund. Impact fee collections shall be used exclusively for land acquisition, capital improvements, purchases or expansion related to the public purpose for which such fees were collected, with the exception of impact fee administrative costs pursuant to paragraph (g) below. Funds shall be expended in the order in which they are collected. g. The City shall be entitled to retain up to four percent (4%) of the impact fees collected as an administrative fee to offset the costs of administering this Section. h. Any impact fees that are paid by check, draft or other negotiable instrument, that do not clear; the building permit or development order authorizing the development for which the impact fee was paid shall be suspended and the City shall send the appropriate suspension notice to the fee payer by certified mail. If the impact fee, together with any charges for funds not clearing, are not paid within ten (10) business days following mailing of the notice, the building permit or development order shall be of no further force and effect for purposes of this Article and a stop work order shall be issued and remain in effect until such time as the impact fee is paid and the funds clear. 21-322.49-08 - Credits a. An applicant shall be entitled to a credit against the Police Impact Fees assessed pursuant to this Section in an amount equal to the cost of improvements which create excess capacity for the general public or contributions to the City of land, money, facilities, equipment or services by the applicant or his predecessor in interest as a condition of any development CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-16 agreement entered into with the City. Such credit shall be based on the following criteria: 1. The actual cost or estimated cost based on recent bid sheet information of the City of Edgewater or Volusia County, of off -site improvements. Improvements eligible for a credit are those improvements proposed that will benefit not only the dwellings on -site, but also the general public. Improvements not eligible for a credit are those facilities that are privately owned or that serve only the dwellings within the development. 2. The actual cost or estimated cost of improvements based on recent bid sheet information of the City of Edgewater or Volusia County with respect to that portion of on -site improvements which creates excess capacity for the general public. 3. The contribution of land, money, facilities, equipment or services by the applicant for improvements to the City's Police Department which creates excess capacity for the general public. Services must relate directly to the provision of land, facilities or equipment. The credit for land contributed will be based on a pro rata share of the appraised land value of the parent parcel as determined by an MAI appraiser selected and paid for by the applicant and approved by the City Manager or based on such other method as may be mutually agreed upon by the applicant and the City Manager. In the event that the City disagrees with the appraised value, the City may select and pay for another appraiser, and the credit shall be an amount equal to the average of the two (2) appraisals. 4. Unless otherwise provided in a development agreement between the City and the applicant or his predecessor in interest, no credit for contributions or donation made prior to the effective date of this Article shall be granted unless the cost of the improvements were paid for or the contributions were made within the two (2) years prior to the effective date of this Article. 5. No credit shall exceed the amount of the Police Impact Fee assessed under Section 21- 322.03 of this Article. 6. No credit shall be allowed for security systems, widening of roads or other improvements with only an indirect benefit for police protection. b. The amount of the credit shall be determined by the City Manager; provided, however, that the determination may be appealed to the City Council, whose decision shall be final and binding on the applicant. c. Any credit issued pursuant to this Section may be transferred by the applicant to any successor in interest in the property. 21-322.40-09 - Exemptions The following shall be exempt from payment of the Police Impact Fee: CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XV II-17 a. Those residential or nonresidential dwellings which have been issued a building permit or certificate of occupancy prior to the effective date of this Article, as may be amended from time to time. b. Additions to or expansions of single-family dwellings that do not create an additional living unit. c. The replacement of a building, mobile home or structure that was in place on the effective date of this Article or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct impact fee had been paid or otherwise provided for, with a new building, mobile home or structure of the same use, provided that no additional impact fee will be produced over and above that produced by the original use of the land. 21-322.44-10 - Appeals Any decision made by the City Manager or his designee in the course of administering this Article may be appealed in accordance with those procedures set forth in this Code for appeals of administrative decisions. 21-322.4-2-11 - Lien; Withholding of Permits for Non -Payment a. If through error, omission or intent the impact fee imposed under this Article is not paid in full, the amount unpaid, together with statutory interest accruing from thirty (30) days following the date written notice was sent by certified mail, shall be a lien against the property on which the specific development for which the impact fee is due. Notice of the lien shall be recorded in the official records of the Clerk of the Circuit Court, in and for the County of Volusia. The lien shall have priority over all liens, mortgages, and encumbrances, except taxes. If the notice of lien is not recorded within three (3) years following the date the building permit is issued for the development for which the impact fee is owed, the lien shall be of no force and effect. If this shall occur, the amount of the impact fee is due and payable to the City of Edgewater. If the lien remains unpaid for more than thirty (30) days following recording, it may be foreclosed in the manner provided by law for foreclosures of mortgages on real property. b. If the impact fee remains unpaid, no further building permits of any type shall be issued on the property for which the impact fee remains unpaid. Building permits, including certificates of occupancy and/or occupancy permits may be issued only upon full payment of any previously owed impact fee, together with any interest owing and current impact fee, if any. 21-322.4-3-12 - Violations; Relief Knowingly furnishing false information to the City Manager on any matter relating to the administration of this Article shall constitute a violation thereof. Violation of this Article shall constitute a misdemeanor enforceable in accordance with the City Code or by an injunction or CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-18 other legal or equitable relief in the Circuit Court against any person violating this Article or both civil injunctive and criminal relief. SECTION 21-323 - TRANSPORTATION/ROAD IMPACT FEES 21-323.01 - Short Title; Statutory Authority; Applicability of Section a. This Section shall be known and may be cited as the City of Edgewater Road Impact Fee Ordinance. b. The planning for new and expanded roads needed to serve new growth and development that generate additional traffic and the implementation of these needs through the comprehensive planning process are the responsibility of the City under F.S. §163.61 et seq., F.S. ch. 166, and various special acts relating to the power of the City undertaking zoning, planning and development activities and is in the best interest of the health, safety and welfare of the citizens of the City. This Section is adopted pursuant to F.S. ch. 166 and the City Charter. C. Applicability. This Section shall apply throughout the City of Edgewater. 21-323.02 - Purpose and Intent a. The purpose of this Section is to enable the City to allow growth and development to proceed in compliance with the adopted Comprehensive Plan and to regulate growth and development so as to require it to share in the burdens of growth by paying its pro rata share for the reasonably anticipated costs of needed roadway improvements. b. This Section is intended to implement and be consistent with the City's Comprehensive Plan. C. It is not the purpose of this Section to collect fees from growth and development in excess of the cost of the reasonably anticipated improvements to the road network needed to serve the new growth and development. It is specifically acknowledged that this article has approached the problem of determining the Road Impact Fee in a conservative and reasonable manner. This Section will only partially recoup the governmental expenditures associated with growth. Existing development will be required to pay a fair share of the cost of needed improvements to the road network. 21-323.03 - Definitions and Rules of Construction For the purposes of administration and enforcement of this Section, unless otherwise stated in this Section, the following rules of construction shall apply to the text of this Section: a. In case of any difference of meaning or implementation between the text of this Section and any caption, illustration, summary table or illustrative table, the text shall control. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-19 1. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. 2. Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 3. The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." 4. The word "person" includes an individual, a corporation, a partnership, a governmental entity or agency, an incorporated association or any other similar entity. 5. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of a like kind or character. 6. Any road right-of-way used to define transportation impact fee zone boundaries may be considered to be within any zone it bounds for purposes of using these funds. 7. The land use types listed shall have the same meaning as contained in the Land Development Code and City of Edgewater Code of Ordinances. b. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Accessory use means any use or attached or detached structure clearly incidental, subordinate and related to the principal use or structure and located on the same lot with such principal use or structure. Apartment means a rental dwelling unit that is located within the same building with at least two (2) other dwelling units. Sites included in this land use are triplexes and all types of apartment buildings. The apartments in this land use include both low-rise or "walk-up"dwellings and high-rise. Applicant means any person applying for or who has been granted a permit to proceed with a project. Average trip length means the average length in miles of external trips. Building means any structure with an impervious roof built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, which has enclosing walls for fifty percent (50%) or more of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-20 Building area means the area included within surrounding exterior walls, or exterior walls and fire walls. Building permit means the documentation required by the municipal building code authorizing construction or alteration of any building. Capacity means the maximum number of vehicles for a given time period which a road can safely and efficiently carry; usually expressed in terms of vehicles per day. Capital improvement includes transportation planning, preliminary engineering, engineering studies, design and construction plan preparation, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project including, but not limited to: 1. Construction of new through lanes. 2. Construction of new turn lanes. 3. Construction of new bridges. 4. Construction of new drainage facilities and utilities in conjunction with new roadway construction. 5. Purchase and installation of traffic signalization (including new signalization and upgrading signalization). 6. Construction of curbs, medians, shoulders, sidewalks and bike paths. 7. Relocating utilities to accommodate new roadway construction. Certificate of occupancy means the official document or permit issued by the City evidencing the completion of construction of a building in accordance with all applicable codes and its legal entitlement to permanent occupancy and use. Collecting agency means the local governmental authority having jurisdiction to authorize the making of any material change of any structure, including the construction, enlargement, alteration or repair of buildings, or the local governmental authority having jurisdiction to authorize rezoning or special exceptions that make material changes in the use or appearance of land without making material changes of any structures on the land. Dwelling means one or more rooms in a building forming a separate and independent housekeeping establishment, arranged, designed or intended to be used or occupied by one family, and having no enclosed space or cooking or sanitary facilities in common with any other dwelling unit with no ingress or egress through any other dwelling unit, and containing permanent provisions for sleeping facilities, sanitary facilities and not more than one kitchen facility. Dwelling, manufactured means a dwelling fabricated in a manufacturing facility and bearing a seal certifying it is constructed to standards as adopted under the authority of F.S. § 553.35 et seq. And rules adopted by the Florida Department of Community Affairs under Chapter 9B-1 et seq., Florida Administrative Code. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-21 Dwelling, mobile home means a single-family dwelling fabricated in a manufacturing facility, having a width of more than 8 %2 feet and a length of more than forty (40) feet, and bearing a seal certifying it is constructed either to the Federal Manufactured Housing Construction and Safety Standards Code or to obsolete ANSI 119.1 Mobile Home Design and Construction Standards. Dwelling, single-family means a building containing only one dwelling. This term includes a manufactured or mobile home dwelling. Expansion. Expansion of the capacity of a road applies to all road and intersection capacity enhancements and includes extensions, widening, intersection improvements, upgrading signalization and improving pavement conditions. External trip means and refers to any trip that has either its origin or destination at the development site and that impacts the major road network. Fee payer means any person or entity who pays a transportation/road impact fee or his/her successor in interest with the right or entitlement to any refund of previously paid development impact fees which is required by this Section and which has been expressly transferred or assigned to the successor in interest. In the absence of an express transfer or assignment or entitlement to any refund or previously paid development impact fees, the right or entitlement shall be deemed "not to run with the land." Frontage road and marginal -access road means a minor street which parallels and is adjacent to an arterial, thoroughfare or state road, and which provides access to abutting properties and protection from through traffic. Hotel means a place of lodging that provides sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, and other retail and service shops. Some of the sites included in this land use category are actually large motels providing the facilities of a hotel. Land development activity generating traffic means the carrying out of any building activity or the making of any material change in the use of appearance of any structure or land that attracts or produces vehicular trips over and above that produced by the existing use of the land. Lot means an area of land which abuts a street and which either complies with or is exempt from the City Subdivision Regulations and is sufficient in size to meet the minimum area and width requirements for its classification. Major sports facility means a stadium or racetrack for major sports events with a permanent seating capacity of at least 5,000 spectators. Further, a major sports facility is characterized by infrequent use such that there are no more than thirty (30) days of use per year where the facility is at, or above, ten percent (10%) occupancy. Actual fee for this land use category, provided it meets the definition, is based on the rate of frequency of use (greater than ten percent { 10%} occupancy) on an annual basis. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-22 Mobile Home Park means an area of land under one ownership where designated spaces for mobile home dwellings are rented. The overall operation is managed on a full or part time basis and provides various services and facilities for common use. Motel means a place of lodging that provides sleeping accommodations and often a restaurant. Motels generally offer free on -site parking and provide little or no meeting space. Multiple family dwelling means a building containing three (3) or more dwellings intended to be occupied primarily by permanent residents. Off -site improvements means road improvements, other than those referenced in the definition of site -related improvements, located outside of the boundaries of the parcel proposed for development, which are required to serve the development's external trips. Percent of new trips means the number of new trips generated by the land development activity. Site -related improvements means capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements includes, but not limited to, the following: 1. Site driveways and roads; 2. Right and left turn lanes leading to those driveways and roads; 3. Traffic control measures for those driveways and roads; 4. Acceleration/deceleration lanes; 5. Frontage roads; 6. Median openings/closings; and 7. Roads necessary to provide direct access to the development. Square foot, for the purpose of the fee schedule, subsection 3-323.05(f)(1), means total square footage of a building area, excluding overhangs. Thoroughfare system means any roadway that has been designated as either an arterial or collector in the Transportation Element of the City's Comprehensive Plan. Thoroughfare system plan means the thoroughfare plan as set out and included in the Comprehensive Plan. Traffic generation statement means a documentation of proposed trip generation rates submitted prior to and as a part of a traffic impact analysis. This documentation shall include actual traffic generation information from a representative sampling of existing similar developments. Transportation/road impact fee and fee means the fee required to be paid in accordance with this Section. Trip means a one-way movement of vehicular travel from an origin (one trip end) to a CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-23 destination (the other trip end). 21-323.04 - Interpretation of Article; Enforcement; Penalty a. Interpretation. The provisions of this Section shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. b. Methods of enforcement. The City shall withhold any certificate of occupancy of any final inspection approval for construction applicable to this Section until the required fee has been paid. C. Penalty. A violation of this Section shall be punishable according to applicable municipal codes. d. Building permits not to be issued to persons failing to pay fee. No building permit shall be issued by the municipality to any person who, while required by this Section to pay a Transportation/Road Impact Fee, has failed to pay such fee. 21-323.05 - Imposition of Fee a. Applicability of fee. 1. Any person who makes or causes the making of an improvement to land which will generate additional traffic and which requires the issuance of a building permit, or any person who changes the use of any building to one which will generate additional traffic, shall be required to pay a Transportation/Road Impact Fee in the manner and amount set forth in this Section. 2. No person shall undertake construction of an improvement for which the fee imposed by this Section is applicable without having paid the proper transportation/road impact fee imposed by this Section. No person shall change the use or allow a change in use of any building where the fee imposed by this Section is applicable without having paid the proper Transportation/Road Impact Fee imposed by this Section. b. Payment of fee required prior to issuance of any form of development permits which may include, but not be limited to the following: building permit, certificate of occupancy, business tax receipt or use permit. No county or municipal certificate of occupancy, business tax receipt or use permit for which a complete application is submitted after January 31, 2005, for any activity requiring payment of an impact fee pursuant to this Section shall be issued unless and until the transportation/road impact fee required by this Section has been paid. The obligation of a person to pay the fee imposed by this Section shall not be extinguished by the inadvertent failure of the City to collect the fee at the time required. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-24 C. Methods of determination. The Transportation/Road Impact Fee for any development activity generating traffic in the City shall be determined either by using the fee schedule set forth in subsection (f)(1) of this Section, or by using the method set forth in Section 21-323.05. d. Presumption of maximum impact. Development is presumed to have the maximum impact on the road network. The proposed development activity for which an application for a building permit has been filed shall be presumed by the City engineer or his designee to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel. e. Transportation/Road Impact Fee formula. The following formula shall be used to determine the impact fee per unit of development: Impact Fee = (1/2)*(TGR)*(%NT)*(DF)*(ATL)*(CC/LM)(WCL) Where: TGR = trip generation rate assigned to each land use NT = new trips generated by the land use DF = distribution factor of trips utilizing the thoroughfare network ATL = average trip length utilizing the thoroughfare network CC = average road construction cost LM = lane miles WCL = weighted capacity per lane mile r �eesr.��!��v.�sre!�:�s�ee�r.�!�_ --�!tirn�ase�e!�!�eea•.se� 4-f. The Transportation/Road Impact Fee shall be determined in accordance with the Transportation/Road Impact Fee Schedule established by t:eseltitieii of the City Council. -1. Credits for completed and accepted non -site -related improvements shall be determined for each application, and shall be deducted from the Transportation/Road Impact Fees listed in the Transportation/Road Impact Fee Schedule, at the time transportation/road impact fees are to be paid. The value of CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-25 non -site -related improvements for which credits may be allowed shall be determined by the director of development services. 32. Credits for the present value of future gas or motor fuel tax payments utilized to fund capacity expansion of the thoroughfare road systems are included in the calculations of the fee schedule set out in this Section. 43. The fees charged for a building with more than one use shall be for that use having the highest traffic generation rate except for church buildings with mixed uses or buildings with residential and non-residential mixed uses. If the church building has more than one use, the separate uses are to be identified and appropriately charged according to the fee schedule. If a building has residential and non-residential uses, the square footage of the building identified as residential will be charged based on the number of dwelling units. The square footage identified as non-residential shall be charged for that use having the highest traffic generation rate. -54. If the type of development activity for which a building permit is applied is not specified on the fee schedule set out in this Section, the City shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The City shall be guided in the selection of a comparable type by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent editions). If the City determines that there is no comparable type of land use on the fee schedule set out in this Section, then the fee shall be determined by using traffic generation statistics contained in the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition), average trip length and percent of new trips based upon the best data available to the City and by applying the formula set forth in subsection (e) of this Section. 65. In the case of an expansion of an existing use on the same lot or an adjoining lot (which may be intersected by an easement or right-of-way) requiring the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new as compared to the previous use. The City shall be guided in this determination by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition). -6. The transportation/road impact fee on a shopping center shall be computed using one retail -commercial rate for all stores except the out -parcels, which shall be calculated using the rate for that land use from the transportation/road impact fee schedule. $7. If an affidavit is filed by the owner of real property with the county or municipality certifying that a farm building on a farm is exempt from issuance of a building permit under Florida law, then the building shall also be exempt from impact fee charges. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-26 98. Road construction and right-of-way credits issued by the City can be transferred between lots with identical land uses. 21-323.06 - Independent calculation a. Any person may determine their Transportation/Road Impact Fee by providing independent traffic documentation that their impact on the thoroughfare system is less than the Transportation/Road Impact Fee as determined under subsection (f)(1) of Section 21-323.05. The documentation submitted shall show the basis upon which the Transportation/Road Impact Fee has been calculated, which shall conform to the following factors: 1. The trip generation rate, trip length and the percent of new trips shall be documented together. In no event shall they be documented separately. All other variables in the Transportation/Road Impact Fee formula cannot be altered, but shall be based upon data current at the time this fee shall be due. Petitioners requesting to undertake an independent calculation may substitute the trip generation rate and the percent of new trips and trip length in the Transportation/Road Impact Fee formula with data obtained from approved traffic surveys and actual traffic counts generated by approved traffic study sites. 2. The unit of measure used for trip generation in the independent calculation must be identical to the one used in the Transportation/Road Impact Fee formula, in order to measure accurately the project's impact on the thoroughfare system. 3. If a single business or shopping center is studied, at least two (2) sites within the City of Edgewater must be tested. The results of each site must be added together and averaged to obtain an alternative trip generation rate, trip length and percent of new trips. The results can be substituted in the Transportation/Road Impact Fee formula. If the study results indicate a lower fee, the charges will be adjusted accordingly. 4. If no suitable alternative site is available as determined by the City staff, the applicant may pay the Transportation/Road Impact Fee and employ a licensed engineer to conduct a traffic study on the project site within six (6) months after the enterprise is open for business. The traffic study time -frame and monitoring points must be approved by the City staff. Only the trip generation rate, trip length and the percent of new trips can be used in the analysis. Once the results of each sampling point are added together and averaged they may be substituted in the Transportation/Road Impact Fee formula. The results will be used to determine an appropriate impact fee. If the traffic study results indicate a lower fee and accepted by the City staff, the difference will be refunded to the applicant. All refunds are subject to Section 21-323.10. This documentation shall be prepared and presented by licensed engineers. Specific actions such as the number of manual or automated counts, number of personal surveys, location of CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-27 the sampling stations and the layout of the study sites will be negotiated by the applicant and City staff. 21-323.07 - Review of Fees City staff shall review all fees relating to this Section every two (2) years. All adjustments shall be based on a review of transportation Level of Service (LOS) standards located in the Comprehensive Plan, population projections, anticipated impacts to the transportation system through proposed development and value of transportation related capital improvements. 21-323.08 - Payment a. Time of payment; lien. 1. The person applying for the issuance of a building permit shall pay the transportation/road impact fee. The obligation for payment of the impact fee shall run with the land. However, this Section shall not be construed to relieve an applicant of responsibility or liability for payment of the impact fees imposed by this Section. In the event the impact fee is not paid prior to the issuance of a building permit for the affected impact construction, the City may collect the impact fee, together with interest, as provided in Section 21-323.08(d). If no building permit is required upon a change of use of a building, the fee imposed by this Section shall be payable at such time as the person making such change shall be required to apply for an business tax receipt. 2. All fees due under this Section shall become a lien at the time of the issuance of the building permit or in the case of a change of use on the issuance of a business tax receipt, as the case may be, such fees shall be due, and shall remain a lien, coequal with the lien of all State, District, County and Municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien shall be upon the land on which an improvement is made requiring the payment of fees and shall be for the amount of the fee required, as well as for all penalties and interest due under the provisions of this Section. b. Method of payment. Payment of Transportation/Road Impact Fees shall be made to the City of Edgewater. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-28 C. Disposition of funds. All funds collected shall be promptly transferred for deposit into a Transportation/Road Impact Fee trust fund and used solely for the purposes specified in this Section. d. Interest and administrative; penalty. Interest at the rate set by law for judgments shall be due on all fees due under this Section from the time such fee was due according to the terms of subsection (a) of this Section. The inclusion in this Section of provisions concerning interest due shall be deemed to be cumulative of the City's rights already existing as a matter of law to prejudgment interest upon sums which are certain and due and payable at a specified time. Accordingly, the requirement for the payment of interest shall be deemed to apply retroactively to all fees which have previously become due under the terms of this Section; and nothing in this Section shall be construed in derogation of such right otherwise existing at law. 2. There shall be due and payable to the City an administrative penalty of five percent (5%) per month to a maximum of twenty-five percent (25%) of all fees unpaid at the time they were due according to the terms of this Section. Such administrative penalty shall accrue monthly on the anniversary of the date when such fee should have been paid. In the case of fees previously due under the terms of this Section, such penalty shall accrue at the rate of five percent (5%) per month to a maximum of twenty-five percent (25%) with the first monthly penalty accruing one (1) month following the effective date of the ordinance from which this subsection (e) is derived. 3. The City Attorney or a duly authorized representative may execute, serve upon the owner by certified mail and record a notice of nonpayment in the official records of the county, which shall contain the legal description of the property and the amount of the impact fee liability. Said notice shall thereupon operate as a lien against such property for the amount of the impact fee, together with interest, penalties, and the costs and fees for collection, coequal with the lien of all State, County, District and Municipal taxes. 21-323.09 - Trust funds; Use of funds a. Trust funds. There are hereby established a separate transportation/road impact fee trust fund. Subsequent to the adoption of the ordinance from which this Section is derived, should any parcel or area of land located within a zone be annexed into the City, the boundaries shall be deemed amended as of the date of annexation so as to include the land annexed within the zone of such municipality. Such amendment of zones shall be for the purposes of this Section only and shall not affect any prior payment of fees or expenditure of funds attributable to the annexed property. b. Use of funds; administrative fee. 1. Funds collected from Transportation/Road Impact Fees shall be used for the purpose of capital improvements to and expansion of transportation/road facilities CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-29 associated with the thoroughfare system plan. Such improvements shall be of the type made necessary by new development. Final determination of projects to be funded using transportation/road impact fee revenues shall be made by the City Council. 2. No funds shall be used for periodic or routine maintenance as defined in F.S. § 334.03. 3. Except as provided in subsection (5) of this subsection, funds shall be used exclusively for capital improvements or expansion within the municipal boundaries. Funds shall be deemed expended in the order in which they are collected. 4. The City shall, each fiscal year, prepare a preliminary capital improvement road program to be funded from each Transportation/Road Impact Fee Trust Fund. 5. The City shall be entitled to retain an amount not to exceed five percent (5%) of all impact fee funds it collects as an administrative fee to offset the actual administrative costs associated with the collection of the funds and administering this Section. IN 11111 CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-30 � .T.IRS..El7SlifEl�S7:lSR7�lr:�:�79'�.'!�!E«�i�li_ 21-323.44-10 - Exemptions and credits a. Exemptions. The following activities shall be exempted from payment of the Transportation/Road Impact Fee: 1. All land development activities which have received a building permit prior to the effective date of the ordinance, as may be amended from time to time, from which this Section is derived, except as provided for in other Sections. 2. Alterations or expansions of an existing building where no additional units are created and where no additional vehicular trips will be produced over and above that produced by the existing use. 3. The construction of an accessory building which will not produce additional vehicular trips over and above that which is produced by the principal building or use of the land. 4. The replacement of a building with a new building, provided that no additional trips will be produced over and above those produced by the original use of the land. 5. City owned and City operated buildings, structures or uses used solely for general governmental purposes. b. Credits. 1. No credit shall be given for site related improvements, except as provided for in subsection (2) of the subsection (b). 2. All roadway improvements and/or right-of-way dedications required under a City development order or approval which are included within the roads contemplated in Section 21-323.09(b)(1), except for those improvements deemed site related, shall be credited against Transportation/Road Impact Fees. In addition, any person who constructs or contributes land, money or services for any road improvements (whether site related or not) contemplated in Section 21- 323.09(b)(1), which are included within the most recently adopted five (5) year work program shall be entitled to credits against Transportation/Road Impact Fees imposed pursuant to this Section in accordance with subsection (3) of this CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-31 subsection (b). 3. Credits shall apply to the person making the contribution. Such person shall have the right to transfer all or a portion of the available credits. Any transfers of this type which occur shall be filed with the Development Services Department at the time of or prior to the approval of a development order on a form provided by the City. The costs utilized in computing credits shall be reasonable, but not to exceed the actual costs of the improvements constructed or contributed. The person seeking determination of the credit shall present cost estimates and property appraisals prepared by qualified professionals to be utilized by the Public Works department and the Development Services Department in determining the amount of credits. The City retains the right to prepare its own cost estimate for its use in determining the credit allowed by this subsection. 21-323.4-2-11 - Periodic review a. This Section shall be reviewed by the City Council no less than once every four (4) years. b. The components of the Transportation/Road Impact Fee formula shall be reviewed by the City Council no less than once every four (4) years. C. Failure of the City to undertake such a review shall result in the continued use and application of the existing fee schedule and other data. 21-323.4-3-12 - Administrative review; Procedures a. A fee payer shall have the right of administrative review of any decision relating to: 1. A determination that a development activity is required to pay an impact fee under this Section; 2. A determination of the amount of the impact fee; or 3. A determination regarding the amount or application of a credit to be applied against the impact fee. The administrative review shall be in the form of an administrative review de novo of the decision. b. Except as otherwise provided in this Section, the administrative review must be requested by the fee payer within forty-five (45) calendar days (including Sundays and legal holidays) from the date of issuance of the impact fee statement or the date of the decision sought to be reviewed, whichever shall last occur. Failure to request administrative review within the time provided in this subsection will be deemed a waiver of that right. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-32 C. A written request for administrative review must be filed with the City Manager. The request shall contain the following: 1. The name and address of the fee payer; 2. The telephone number at which the fee payer may be reached during daytime hours; 3. The legal description of the property in question; 4. If issued, the date the building permit/impact fee statement was issued and the building permit/impact fee statement number; 5. If paid, the impact fee receipt number and date of payment; 6. A brief description of the nature of the land development activity to be undertaken pursuant to the building permit/impact fee statement; and 7. A statement of the reasons why the fee payer is requesting the administrative review, including any supporting information and site or construction plans, if appropriate. d. Within fifteen (15) calendar days of receipt of a request for administrative review, the decision of the City Manager shall be final and shall be binding upon the fee payer and the City. e. The determination of the City Manager may be reviewed by the City Council in accordance with Section 21-323.14. 21-323.4413 - Final administrative review; Hearings a. A fee payer who is aggrieved by a determination of the City Manager shall have the right to request a review hearing before the City Council. b. A review hearing shall be limited to a determination of whether the City Manager correctly applied this Section to the facts and circumstances of the fee payer's case. C. A review hearing shall be requested by the fee payer by filing a written request for same with the City Manager, within thirty (30) calendar days after the determination is made by the director. Failure to request a hearing within the time provided shall be deemed a waiver of such right. d. The written request for review hearing to be filed with the City Manager shall contain the following: 1. The name of the party seeking the review and the address if a fee payer; CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-33 2. The legal description of the property in question; 3. If issued, the date the building permit/impact fee statement was issued and the building permit/impact fee statement number; 4. If paid, the impact fee receipt number and date of payment; and 5. A brief description of the nature of the land development activity being undertaken pursuant to the building permit/impact fee statement. e. Upon receipt of a request for review hearing, the City Manager shall schedule a hearing before the City Council at a regular meeting or special meeting called for the purpose of conducting the hearing. The City shall provide the fee payer with reasonable written notice of the time and place of the hearing. A review hearing shall be held within forty- five (45) days of the date the request for hearing was filed. £ The review hearing shall be held by the City Council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present evidence. SECTION 21-324 -WATER SYSTEM EXTENSION 21-324.01 - Intent; Purpose; Basis a. The City of Edgewater, herein referred to as the "City", as the owner and operator of the water system, hereinafter referred to as the "Edgewater water system" or the "City water system", hereby establishes this extension policy for the purpose of creating a uniform method of determining the capital charges to be borne by property owners, builders or developers within the water service area to defray or partially defray the cost of an on -site water distribution system, the allocable share of an off -site water distribution system and the allocable share of treatment plant costs. The City declares that this extension policy has as its goal the establishment of a uniform method of computing or determining such charges to the end that all such charges shall be nondiscriminatory among consumers in the area and shall be applied as nearly as possible with uniformity to all consumers or prospective consumers within the present or future service area. 21-324.02 - Availability The provisions of this extension policy are available to consumers and property owners throughout the water service area of the Edgewater water system which shall allow the City to recover operating costs and expenses, required debt service, contributions to renewal and replacement funds and allocations from the general revenue fund for costs reasonably related to the water system. The term "water service area" as used herein is that area defined as the City's CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-34 water service area in the adopted Comprehensive Plan of the City of Edgewater, as may be amended from time to time. 21-324.03 - On -Site Facilities 1. Each developer, owner or builder (hereinafter referred to as "developer") shall be responsible for the design, installation, inspection and testing of the complete water system located in the streets or easements adjoining or within the boundaries of the developer's property. 2. The term "complete water system" as used herein includes, but is not limited to all component parts of a water distribution system, including pipes, valves, fittings, hydrants and all appurtenances as shown upon the approved design of such water distribution system. 3. In the event the City requires the installation of oversized lines or facilities designed to provide service for other properties, then the City shall pay for the cost of such oversizing by means of a direct cash payment by the City to the developer or a credit against water capital charges otherwise to be paid by the developer. The limited size of the developer's property for which service has been requested may indicate to the City the desirability of having the City design and install the water distribution system. In such event, the City reserves the right to compute the estimated cost of such extension and to require the developer to pay such cost of construction in lieu of the developer's installation of the water distribution system. SECTION 21-325 - WATER CAPITAL CHARGES 21-325.01 - Intent; Purpose; Basis a. The intent of this Section is to establish charges for the purpose of compensating the City for costs incurred in providing water treatment facilities and in extending water distribution and transmission lines to a point of reasonable availability for connection to the City water system. The charges shall be computed on the basis of real property use, zoning and size in approximate proportion to the benefits received. The determination of the point of reasonable availability for connection to the City water system shall be determined in accordance with policies from time to time established by the City. As set forth in this Section, the developer may incur additional charges and expenses in order to obtain water service, which charges and expenses are not defrayed by its payment of water capital charges. Nothing contained in this Section shall be construed to obligate the City to extend water services to any lands within its water service area. b. The water capital charge shall be established by r-eselution of the City Council. Those persons, corporations or entities which have previously prepaid the existing water connection charge or who have entered into an agreement with the City providing credits against the water connection charge shall be exempt from paying this water capital charge. The amount of credit shall not exceed the amount prepaid or the approved credit authorized CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-35 in the developer's agreement. c_The water capital charge shall be paid prior to the execution by the City of the FDEP construction application, but in no event later than the issuance of the building permit. d. Water Capital Charge formula: The following formula shall be used to determine the capital charge per unit of development: Capital Charge = Total Capacity Cost * Equivalent Flow/ERU e. The Total Capacity Cost is based upon a combination of existing available capaci , and future capacity costs. The Level of Service (LOS) per ERU is established in the City's Comprehensive Plan. j111fj M.. 1-7 ■ IN 11 Air". JEERN 21-325.02 - Obligations of the City a. The City shall maintain copies of this extension policy available for the inspection of any property owner, developer, builder or prospective consumer desiring information regarding all elements of the cost of connecting to the water facilities of the City. Such copies shall be maintained at the general office of the Edgewater water system. b. The City shall maintain as -built information on its water facilities in the office of its designated representatives for the purpose of providing reasonable information concerning the location of its water facilities. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-36 c. The City shall install all meters upon the request of prospective consumers, provided that all fees and charges as described herein and the established meter installation fees have been paid in accordance with the provisions of the extension policy. d. In instances where the City undertakes the installation of water distribution lines at the cost and expense of the developer in lieu of the developer's installation of such facilities, the City will provide laterals for water service to a developer's lot line ready for plumber's hookup and the installation of meters. 21-325.03 - Obligations of Developer It shall be the developer's obligation to furnish to the City accurate information with regard to matters of engineering, construction of buildings and dwellings and proposed densities. Developers who increase their density factors and/or consumption requirements during the course of construction of the project are exposed to an adjustment in their hydraulic share for off - site facilities and/or an increase in connection charges applicable to the developer's project. The developer is responsible for errors or changes in engineering information furnished to the City when such error or change results in increased cost to the City for any construction which the City may undertake in connection with installing water distribution facilities or which could necessitate a new design or redesign of water distribution plans. 21-325.04 - Developer Agreements Required An owner, builder or developer may be required to execute a developer's agreement setting forth such reasonable provisions governing a developer's and the City's responsibility pertaining to the installation of service facilities; the interconnection of plumber's lines with the facilities of the City; the manner and method of payment of contributions in aid of construction; matters of exclusive service rights by the City; standards of construction or specifications; time commitments to take and use water services; engineering errors and omissions; rules, regulations and procedures of the City; prohibitions against improper use of the City's facilities; and other matters normally associated with and contained in developer agreements. Nothing contained in such developer agreements shall be in conflict with this extension policy or the City's ordinances and resolutions governing rates, fees and charges for services and other requirements regarding the rendition of water utility service. The City may require that the developer, in addition to the contribution formulas set forth herein, bear the cost of the preparation of developer agreements by independent counsel or persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. 21-325.05 - Easements and Right -of -Way As a prerequisite to the construction of any water distribution system proposed to be connected to the facilities of the City, the developer shall grant to the City easements or rights -of -way corresponding with the installation of the proposed facilities. Such grant or conveyance shall be in a form satisfactory to the City Attorney. All such easements or rights -of -way shall be in a form acceptable to the City. Such conveyances when located on the property of the developer shall be made without cost to the City. The City reserves the right to require such easement or CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-37 right-of-way to the point at which the meter is proposed to be installed or at the point of deliver of service, being the point at which the facilities of the City join with the consumer's own installation. 21-325.06 - System Design; Independent Engineers; City's Engineer a. The City shall recognize the design of water facilities prepared by a registered professional engineer regularly engaged in the field of civil engineering, covering the design of a developer's on -site water distribution system and any off -site facilities which may be required by the City; provided, however, that each such design shall be fully subject to the approval of the Director and shall conform in all respects to the criteria of the City governing the installation of utility facilities ultimately to be accepted by the City for ownership, operation and maintenance. In addition to other fees and charges, the City reserves the right to charge a review fee commensurate with the cost to the City of reviewing such engineering plans and furnishing to the developer's engineer various information regarding location and criteria. Any such review fee shall be in accordance with resolutions adopted by the City Council. All designs of water distribution facilities are at all times subject to the approval of other agencies having jurisdiction over such design. b. The City maintains a relationship with its consulting engineer to provide utility design services to developers for the purpose of facilitating the design of a developer's on -site water distribution system and any off -site facilities which may be required by the City. Designs prepared by the City's consulting engineer are acceptable to the City but are at all times subject to the approval of any other governmental agencies having jurisdiction over the subject matter of such design. The cost of plans prepared by the City's consulting engineer shall be borne by the developer. However, in such cases the developer will not be required to pay the charge for review of such plans as provided for in subsection (a). 21-325.07 - Meter Installation and Connection Fees a. The City shall charge to each prospective consumer requesting water service a meter installation fee to defray the City's cost of the meter and meter appurtenances and the cost of installation and related administrative and overhead costs. Such meter installation fee shall be in accordance with the Meter Installation Fee Schedule established by ,-es ordinance of the City Council. The City will require the payment of such meter installation fee concurrently with the request by prospective consumers for the meter installation. The meter installation fee shall be charged only one time for the installation of a meter at any one location. However, requests to exchange existing meters for meters of a larger size will result in a cost increase related to upsizing for the prospective consumer. b. The City shall charge to each prospective consumer requesting connection to the City's water service system a meter connection fee. Such meter connection fee shall be in accordance with the Meter Connection Fee Schedule as adopted by r-eseltttieo ordinance of the City Council. Meter connection fees are minimum fees and assume that the consumer's facility is ready for a meter set. The Director may assess such other fee as necessary to recover the cost of meter connection. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-38 21-325.08 - Inspection Fees a. The City reserves the right to inspect the installation of all water distribution facilities installed by a developer or developer's contractors, which facilities are proposed to be transferred to the City for ownership, operation and control. Such inspection is designed to assure the City that waterlines are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation. The City further reserves the right to be present at tests of component parts of the water distribution system for the purpose of determining that the system, as constructed, conforms to the City's criteria for exfiltration, infiltration, pressure testing, line and grade. Such tests will be performed by the developer or developer's contractor but only under the direct supervision of the City's engineer or authorized inspector. b. The City shall charge an inspection fee based on inspection time of the subject water facility as installed by the developer. The City maintains full-time inspection availability and the cost for inspection services as set forth herein is and shall continue to be designed to defray the actual cost of conducting such inspections and testing. 21-325.09 - Transfer of Contributed Property; Bills of Sale a. Each developer who has constructed portions of the water distribution system on the developer's own property or on other property with respect to any required off -site facilities shall, prior to interconnection with the City's existing facilities, convey such component parts of the water distribution system free of patent and latent defects to the City by bill of sale in a form satisfactory to the City Attorney, together with such evidence as may be required by the City that the water distribution system is proposed to be transferred to the City is free of all liens and encumbrances. b. Any facilities in the category of consumer's lines or plumber's lines located on the discharge side of the water meter or on the consumer's side of the point of delivery of service shall not be transferred to the City and shall remain the property of the developer, a subsequent owner - occupant or their successors and assigns. Such consumer's lines or plumber's lines shall remain the maintenance responsibility of the developer or subsequent consumers. c. The City shall not be required to accept title to any component part of the water distribution system as constructed by the developer until the City has approved the construction of said lines, accepted the tests to determine that such construction is in accordance with the criteria established by the City and accepted for use by the FDEP and thereby has evidenced acceptance of such lines for the City's ownership, operation and maintenance. d. The developer shall maintain accurate cost records establishing the construction costs of all utility facilities constructed by the developer and proposed to be transferred to the City. Such cost information shall be furnished to the City concurrently with the bill of sale and such cost information shall be a prerequisite for the acceptance by the City of the portion of the water distribution system constructed by the developer. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-39 e. The City reserves the right to refuse connection and to deny the commencement of service to any consumer seeking to be connected to portions of the water distribution system installed by a developer until such time as the provisions of this Section have been fully met by the developer or developer's successors or assigns. 21-325.10 - Off -Site Facilities; Refundable Advances a. There are properties within the City's water service area where the City does not have in place the off -site water infrastructure facilities necessary to connect a developer's property to the City water system. In these cases it may be necessary to undertake the extension of water mains and pumping stations necessary to connect the developer's property with the then terminus of the Edgewater water system in compliance with the City Water System Master Plan. Nothing in this Article shall be construed to require the City to extend any such off -site facilities to a developer's property or to enter into a refunding agreement or reimbursement agreement should a developer or others elect to undertake any such extension. b. When a developer seeks water service for property for which the City does not have in place the off -site water infrastructure facilities necessary to connect such property to the City water system, the City may require, in addition to the contribution provisions set forth herein, that the developer pay (without any credits against the applicable water capital charges) the entire cost of any extension of off -site facilities necessary to connect the developer's property with the then terminus of the Edgewater water system in compliance with the City Water System Master Plan. c. As an alternative to the developer's payment of the entire cost of extension of such off -site water facilities, the developer may request that the City and other property owners potentially benefited by such extension enter into a funding or reimbursement agreement to equitably allocate the cost of any such extension among the benefited properties, which agreement shall be in addition to the contribution provisions set forth herein. The City may accept or reject any proposed agreement which may be presented to share the cost of such extensions as aforesaid. If the City elects to accept such an agreement, it shall be on terms and conditions acceptable to the City in its discretion. d. Refunding agreement. 1. As another alternative to the developer's payment of the entire cost of extension of such off -site water facilities, the developer may request that the City enter into a refunding agreement whereby the refundable advance is made by the developer to further temporarily defray the cost of any off -site extension of water mains and pumping stations necessary to connect the developer's property with the then terminus of the Edgewater water system in compliance with the City Water System Master Plan. The City may accept or reject any such proposed refunding agreement. If the City elects to accept such a refunding agreement, it shall be on terms and conditions acceptable to the City and shall be consistent with the requirements of this subsection. Any such refunding agreement shall include the following as the minimum provisions thereof: CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-40 (a) The developer shall always be responsible for his hydraulic share of the cost of such facilities, as determined by the City; (b) All amounts expended by the developer over and above the developer's hydraulic share for off -site facilities, as determined by the City, shall be refunded to the developer only if a refund agreement is entered into with the City prior to the connection of the developer's property with the then terminus of the Edgewater water system; (c) The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties shall be served by the off -site facilities installed by the developer; (d) The City may limit the life of such refund agreement to a term of not more than seven (7) years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter such refund agreement will be canceled; (e) In no event shall a developer recover an amount greater than the difference between the capitalized cost of such off -site improvements and the developer's own hydraulic share of such improvements; (f) The City shall not include any interest upon the refund of a developer's advance; (g) If the City advances any of the costs of such off -site facilities, the City shall be reimbursed in full before any payment is made to the developer; (h) The refunding agreement shall contain a sketch or legal description of the benefited properties; and (i) The refunding agreement shall be recorded in the public records of Volusia County, Florida 2. If the City enters into a refunding agreement as aforesaid then a developer or property owner who makes use of such off -site facilities provided by another developer under the terms of this Section shall be required to pay the City for a portion of the costs of such off -site facilities based upon his hydraulic share, as determined by the City. In accordance with the terms of the refunding agreement, the City shall pay the appropriate share of such reimbursement to the developer who initially funded the improvements; provided, however, that the payment will be retained by the City in the event that the developer has been fully reimbursed by the City or in the event that the reimbursement obligation of the City has lapsed under the terms of the refund agreement. 21-325.11 - Water Capital Charge Adjustment; Escalation The basis for the water capital charge schedule set forth by resrordinance has been CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-41 structured by the City with regard to two major but variable factors. First, the present level of construction costs of water distribution and water treatment plant facilities; second, the treatment facilities and treatment levels as prescribed by the State of Florida Department of Environmental Protection or other governmental entities with jurisdiction. City staff shall review all fees relating to this Section every two (2) years. All adjustments shall be based on a review of potable water Level of Service (LOS) standards located in the Comprehensive Plan, population projections, anticipated impacts to the utilities system through proposed development and value of utilities related capital improvements. 21-325.12 - Water Capital Charges for Consumers Outside City Limits The water capital charges established herein, as from time to time adjusted pursuant to Section 21-325.11, shall be applicable only to consumers located within the corporate limits of the City. The water capital charges for consumers outside the corporate limits of the City shall be the water capital charges from time to time established by the City for consumers inside the corporate limits of the City plus a surcharge equal to that surcharge established by Fesalo4iaa ordinance of the City Council. 21-325.13 - Availability of Copies of Policy Copies of this extension policy shall be maintained at the Edgewater water system's offices and shall be available to all prospective consumers upon request, either in person or by mail, addressed to the City. SECTION 21-326 - SEWER SYSTEM EXTENSION 21-326.01 - Intent; Purpose; Basis The City of Edgewater, hereinafter referred to as the "City", as the owner and operator of the sewer system, hereinafter referred to as the "Edgewater sewer system" or the "City sewer system", hereby established this extension policy for the purpose of creating a uniform method of determining the capital charges to be borne by property owners, builders or developers within the service area to defray or partially defray the cost of an on -site sewer system, the allocable share of an off -site sewer system and the allocable shares of treatment plant costs. The City declares that this extension policy has as its goal the establishment of a uniform method of computing or determining such contributions to the end that all such contributions shall be nondiscriminatory among consumers in the area and shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the present or future service area. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-42 21-326.02 - Availability The provisions of this extension policy are available to consumers and property owners throughout the service area of the Edgewater sewer system, which shall allow the City to recover operating costs and expenses, required debt service, contributions to renewal and replacement funds and allocations from the general revenue fund for costs reasonably related to the sewer system. The term "service area" as used herein is that area defined in the adopted Comprehensive Plan of the City of Edgewater, as may be amended from time to time. 21-326.03 - Agreements with Other Municipalities The City may enter into an agreement with Volusia County or another municipality to provide wholesale service so that the County or municipality may provide service to a developer outside the City's service area. Such wholesale agreements shall be subject to sewer capital charges as provided in this Article. 21-326.04 - On -Site Facilities a. Each developer, owner or builder, hereinafter referred to as "developer", shall be responsible for the design, installation, inspection and testing of the complete sewer system located in the street or streets adjoining or within the boundaries of the developer's property. b. The term "complete sewer system" as used herein includes, but is not limited to, all component parts of a sewage collection system, including gravity lines, force mains, pump stations, valves and all appurtenances as shown upon the approved design of such sewer system. c. In the event the City requires the installation of oversized lines or facilities designed to provide service for other properties then the City shall pay for the cost of such oversizing by means of a direct cash payment by the City to the developer or a credit against water capital charges otherwise to be paid by the developer. SECTION 21-327 - SEWER CAPITAL CHARGES 21-327.01 - Intent; Purpose; Basis a. The intent of this Section is to establish charges for the purpose of compensating the City for costs incurred in providing sewage treatment facilities, effluent disposal facilities and pumping stations and extending sewage collection lines to a point of reasonable availability for connection to the City sewer system. The charges shall be computed on the basis of real property use, zoning and size in approximate proportion to the benefits received. The determination of the point of reasonable availability for connection to the City sewer system shall be determined in accordance with policies from time to time established by the City. As set forth in this Section, the developer may incur additional charges and expenses in order to obtain sewer service, which charges and expenses are not defrayed by its payment of sewer capital charges. Nothing contained in this Section shall be construed to obligate the CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-43 City to extend sewer services to any lands within its sewer system territory. b. The sewer capital charge shall be established by Fesolotioii ordinance of the City Council. Those persons, corporations or entities which have previously prepaid the existing sewer capacity charges shall be exempt from paying this sewer capital charge. The exemption or credit shall equal the amount pre -purchased. c_The sewer capital charge shall be paid prior to the execution by the City of the FDEP sewer construction application, but in no event later than the issuance of the building permit. d. Sewer Capital Charge formula: The following formula shall be used to determine the capital charge per unit of development: Capital Charge = Total Capacity Cost * Equivalent Flow/ERU Ee. The Total Capacity Cost is based upon a combination of existing available capacity and future capacity costs. The Level of Service (LOS) per ERU is established in the City's Comprehensive Plan. rw��wwrrr iwrrwrwwwrrr�rrrw�ure�w --- - --------- IM1W1N W MMMIIXIMMNIXI7I . .. .... ..... ... . . ..... .. . . INWWWAIFWIRYi�YIYIltYYllffYllY 21-327.02 - Obligations of City a. The City shall maintain copies of this extension policy available for the inspection of any property owner, developer, builder or prospective consumer desiring information regarding all elements of the cost of connecting to the sewer facilities of the City. Such copies shall be maintained at the general office of the Edgewater sewer system. b. The City shall maintain as -built information on its sewer facilities in its office or in the office CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-44 of its designated representatives for the purpose of providing reasonable information concerning the location of its sewer facilities. c. In instances where the City undertakes the installation of sewer lines at the cost and expense of the developer in lieu of the developer's installation of such facilities, the City will provide lines for sewer service to a developer's lot line ready for plumber's hookup and the installation of meters. 21-327.03 - Obligations of Developer It shall be the developer's obligation to furnish to the City accurate information with regard to matters of engineering, construction of buildings and dwellings and proposed densities. Developers who increase their density factors and/or discharge requirements during the course of construction of the project are exposed to an adjustment in their proportionate share for off -site facilities and/or an increase in capital charges applicable to the developer's project. The developer is responsible for errors or changes in engineering information furnished to the City when such error or change results in increased cost to the City for any construction which the City may undertake in connection with installing sewer facilities or which could necessitate a new design or redesign of sewer system plans. 21-327.04 - Developer Agreements Required An owner, builder or developer may be required to execute a developer's agreement setting forth such reasonable provisions governing a developer's and the City's responsibility pertaining to the installation of service facilities; the interconnection of lines with the facilities of the City; the manner and method of payment of contributions in aid of construction; matters of exclusive service rights by the City; standards of construction or specifications; time commitments to take and use sewer service; engineering errors and omissions; rules, regulations and procedures of the City; prohibitions against improper use of the City's facilities; and other matters normally associated with and contained in developer agreements. Nothing contained in such developer agreement shall be in conflict with this extension policy or the City's ordinances and resolutions governing rates, fees and charges for services and other requirements regarding the rendition of sewer utility service. The developer, in addition to the contribution formulas set forth herein, shall bear the cost of the preparation of developer agreements by independent counsel or persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. 21-327.05 - Easements and Rights -of -Way As a prerequisite to the construction of any sewer system proposed to be connected to the facilities of the City, the developer shall grant to the City easements or rights -of -way corresponding with the installation of the proposed facilities. All such easements or rights -of - way shall be in a form acceptable to the City. Such grant or conveyance shall be in a form satisfactory to the City Attorney. Such conveyances when located on the property of the developer shall be made without cost to the City. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-45 21-327.06 - System Design; Independent Engineer; City's Engineer a. The City shall recognize the design of sewer facilities prepared by a registered professional engineer regularly engaged in the field of civil engineering, covering the design of a developer's on -site sewer system and any off -site improvements which may be required by the City; provided, however, that each such design shall be fully subject to the approval of the Director and shall conform in all respects to the criteria of the City governing the installation of utility facilities ultimately to be accepted by the City for ownership, operation and maintenance. In addition to other fees and charges, the City shall charge a review fee commensurate with the cost to the City of reviewing such engineering plans and furnishing to the developer's engineer various information regarding location and criteria. Any such review fee shall be in accordance with resolutions approved by the City Council. All designs of sewer facilities are at all times subject to the approval of other agencies having jurisdiction over such design. b. The City maintains a relationship with its consulting engineer to provide utility design services to developers for the purpose of facilitating the design of developer's on -site sewer system and any off -site improvements which may be required by the City. Designs prepared by the City's consulting engineer are acceptable to the City but are at all times subject to the approval of any other governmental agencies having jurisdiction over the subject matter of such design. The cost of plans prepared by the City's consulting engineer shall be borne by the developer. However, in such cases the developer will not required to pay the charge to review of such plans as provided for in subsection (a). 21-327.07 - Inspection Fees a. The City reserves the right to inspect the installation of all sewer facilities installed by a developer or developer's contractors, which facilities are proposed to be transferred to the City for ownership, operation and control. Such inspection is designed to assure the City that sewer lines are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation. The City further reserves the right to be present at tests of component parts of the sewer system for the purpose of determining that the system, as constructed, conforms to the City criteria. Such tests will be performed by the developer or developer's contractor but only under the direct supervision of the City's engineer or authorized inspector. b. The City shall charge an inspection fee based on inspection time of the subject sewer facility as installed by the developer. The City maintains full-time inspection availability and the cost for inspection services as set forth herein is and shall continue to be designed to defray the actual cost of conducting such inspections and testing. 21-327.08 - Transfer of Contributed Property; Bills of Sale a. Each developer who has constructed portions of the sewer system on the developer's own property or other property with respect to any required off -site facilities shall, prior to interconnection with the City's existing facilities, convey such component parts of the sewer CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-46 system to the City free of patent and latent defects by bill of sale in a form satisfactory to the City Attorney, together with such evidence as may be required by the City that the sewer system proposed to be transferred to the City is free of all liens and encumbrances. b. Any facilities in the category of consumer's lines located on the consumer's side of the point of service shall not be transferred to the City and shall remain the property of the developer, a subsequent owner -occupant or their successors and assigns. Such consumer lines shall remain the maintenance responsibility of the developer or subsequent consumers. c. The City shall not be required to accept title to any component part of the sewer system as constructed by the developer until the City has approved the construction of said lines, accepted the tests to determine that such construction is in accordance with the criteria established by the City and accepted for use by the FDEP and thereby has evidenced acceptance of such lines for the City's ownership, operation and maintenance. d. The developer shall maintain accurate cost records establishing the construction costs of all utility facilities constructed by the developer and proposed to be transferred to the City. Such cost information shall be furnished to the City concurrently with the bill of sale and such cost information shall be a prerequisite for the acceptance by the City of the portion of the water distribution system constructed by the developer. e. The City reserves the right to refuse connection and to deny the commencement of service to any consumer seeking to be connected to portions of the sewer system installed by a developer until such time as the provisions of this Section have been fully met by the developer or the developer's successors or assigns. 21-327.09 - Off -Site Facilities; Refundable Advances a. There are properties within the City's sewer service area where the City does not have in place the off -site sewer infrastructure lines and facilities necessary to connect a developer's property to the City sewer system. In these cases it may be necessary to undertake the extension of sewage lines and facilities necessary to connect the developer's property with the City sewer system and the primary interceptor force main in compliance with the City Sewer Master Plan. Nothing in this Article shall be construed to require the City to extend any such off -site lines and facilities to a developer's property or to enter into a refunding agreement or reimbursement agreement should a developer or others elect to undertake any such extension of lines and facilities; provided, however, that whenever a developer or others undertake any such extension of off -site lines and facilities the City may require the installation of oversized lines or facilities to provide service for other properties, in which case the City shall be responsible for the cost of any such oversized lines or facilities to the extent and in the manner provided for in Section 21-326.04 hereof. b. When a developer seeks sewer service for property for which the City does not have in place the off -site sewer infrastructure lines and facilities necessary to connect such property to the City sewer system, the City may require, in addition to the contribution provisions set forth herein, that the developer pay (without any credits against the applicable sewer capital CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-47 charges) the entire cost of any extension of off -site sewage lines and facilities necessary to connect the developer's property with the City sewer system and its primary interceptor force main in compliance with the City Sewer System Master Plan, subject to the provisions of Section 21-326.04 and 21-326.09 regarding oversized lines and facilities. c. As an alternative to the developer's payment of the entire cost of extension of such off -site sewer lines and facilities, the developer may request that the City and other property owners potentially benefited by such extension enter into a funding or reimbursement agreement to equitably allocate the cost of any such extension among the benefited properties, which agreement shall be in addition to the contribution provisions set forth herein. The City may accept or reject any proposed agreement which may be presented to share the cost of such extensions as aforesaid. If the City elects to accept such an agreement, it shall be on terms and conditions acceptable to the City in its discretion. d. Refunding agreement. As another alternative to the developer's payment of the entire cost of extension of such off -site sewer lines and facilities, the developer may request that the City enter into a refunding agreement whereby the refundable advance is made by the developer to further temporarily defray the cost of any off -site extension of sewage lines and facilities necessary to connect the developer's property to the City sewer system and the primary interceptor force main in compliance with the City Sewer System Master Plan. The City may accept or reject any such proposed refunding agreement. If the City elects to accept such a refunding agreement, it shall be on terms and conditions acceptable to the City and shall be consistent with the requirements of this subsection. Any such refunding agreement shall include the following as the minimum provisions thereof: (a) The developer shall always be responsible for his proportionate share of the cost of such lines and facilities, as determined by the City; and (b) All amounts expended by the developer over and above the developer's proportionate share for facilities, as determined by the City, shall be refunded to the developer only if a refund agreement is entered into with the City prior to the connection of the developer's property with the primary interceptor force main; and (c) The refund agreement shall provide for a plan of refund based upon the connection of other properties to the extent of their proportionate share, which properties will be served by the facilities installed by the developer; and (d) The City may limit the life of such refund agreement to a term of not more than seven (7) years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter such refund agreement will be canceled; and (e) In no event shall a developer recover an amount greater than the difference between the capitalized cost of such improvements and the developer's own proportionate CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-48 share of such improvements; and (f) The City shall not include any interest upon the refund of a developer's advance; and (g) If the City advances any of the costs of such lines and facilities, the City shall be reimbursed in full before any payment is made to the developer; and (h) The refunding agreement shall contain a sketch or legal description of the benefited properties; and (i) The refunding agreement shall be recorded in the public records of Volusia County, Florida. 2. If the City enters into a refunding agreement as aforesaid, then a developer or property owner who makes use of lines and facilities provided by another developer under the terms of this Section shall be required to pay the City for his proportionate share of the costs of such facilities, as determined by the City. In accordance with the terms of the refunding agreement, the City shall pay the appropriate share of such reimbursement to the developer who initially funded the improvements; provided, however, that the payment will be retained by the City in the event that the developer has been fully reimbursed by the City or in the event that the reimbursement obligations of the City has lapsed under the terms of the refund agreement. 21-327.10 - Sewer Capital Charge; Adjustment; Escalation The basis for sewer capital charge schedule set forth herein has been structured by the City with regard to two (2) major but variable factors. First, the present level of construction costs of sewer collection and treatment plant facilities; second, the treatment level as prescribed by the State of Florida Department of Environmental Protection or other governmental entities with jurisdiction. City staff shall review all fees relating to this Section every two (2) years. All adjustments shall be based on a review of sanitary sewer Level of Service (LOS) standards located in the Comprehensive Plan, population projections, anticipated impacts to the utilities system through proposed development and value of utilities related capital improvements. 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits The sewer capital charges established herein, as from time to time adjusted pursuant to Section 21-327.10, shall be applicable only to consumers located within the corporate limits of the City. The sewer capital charges for consumers outside the corporate limits of the City shall be the CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-49 sewer capital charges from time to time established by the City for consumers inside the corporate limits of the City plus a surcharge equal to that surcharge established by rest ordinance of the City Council. CITY OF EDGEWATER LAND DEVELOPMENT CODE 2019-0-24 XVII-50 E13 File #: CPA-1909, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: CPA-1909: Glenn D. Storch, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 17.29± acres of land located at 3757 S. Ridgewood Avenue and the two vacant parcels to the south as Medium Density Residential with Conservation Overlay. OWNER: Sun Hacienda Del Rio, LLC REQUESTED ACTION: Recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 17.29± acres of land as Medium Density Residential with Conservation Overlay with a maximum of 70 dwelling units permitted. LOCATION: 3757 South Ridgewood Avenue and the two vacant parcels to the south AREA: 17.29± acres PROPOSED USE: Expansion of the Hacienda Del Rio Manufactured Home Community CURRENT LAND USE: Vacant FLUM DESIGNATION: Commercial with Conservation Overlay ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Vacant Volusia County Commercial Volusia County B-4 (General Commercial) and R-4 (Urban Single Family Residential) East Manufactured Home Medium Density Residential Volusia County MH-1 (Mobile Community Home Park) South Vacant Mixed Use and Volusia County MUPUD (Mixed -Use Planned Unit Urban Medium Intensity Development) and Volusia County I-3 (Waterfront Industrial) City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: CPA-1909, Version: 1 West Vacant Low Density Residential with B-3 (Highway Commercial) and Conservation Overlay; RPUD (Residential Planned Unit Commercial with Conservation Development) and Volusia County Overlay; Public/Semi-Public with A-3 (Transitional Agriculture), I-4 Conservation Overlay (Industrial Park) and I-1(Light Industrial) Background: The subject property is adjacent to the existing Hacienda Del Rio Manufactured Home Community and was annexed into the City in 2003. Hacienda Del Rio is a retirement (55 plus) community with 730 single family units developed in the early 1980's and annexed into the City in May, 2017. The property owner is proposing to expand the existing development with an additional 70 units; an amendment to the Official Zoning Map to include the subject property and the existing Hacienda Del Rio development shall occur at a later date. Site plan approval, which will include all required infrastructure, will be required prior to any development on the subject property. A request to amend the Future Land Use designation of the subject property was brought before the Board on May 8, 2019 where a favorable recommendation was sent to City Council. Subsequently, at the June 3, 2019 City Council meeting a motion to approve the request failed. The request been revised to amend the Future Land Use designation to include a maximum of 70 dwelling units on the subject property. Land Use Compatibility: The proposed development is consistent with Hacienda Del Rio in lot size and use. Adequate Public Facilities: The property has access via South Ridgewood Avenue and served with sanitary sewer and potable water. Comprehensive Plan Consistency: The Commercial Future Land Use designation allows for development of up to 0.5 floor area ratio, approximately 348,000 square -feet. Development within the existing Future Land Use designation could potentially generate 14,050 gross daily trips. The proposed Medium Density Residential Future Land Use designation allows up to eight (8) dwelling units per acre, or 128 dwelling units, and potentially 926 gross daily trips; a decrease of approximately 11,764 trips per day. The applicant is proposing the Future Land Use designation for the subject properties include a maximum of 70 dwelling units, thereby decreasing the potential trips per day even further. Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas including habitat for rare, endangered and threatened species, hydric soils/wetlands (as defined in the Conservation Element), mangrove swamps, cypress swamp, mixed hardwood swamp, hydric hardwood hammock and sand pine/xeric oak scrub, estuarine marsh ecotone, freshwater marshes, special vegetative communities, areas within a public water well radii of 500-feet, 100-year floodplain areas and other areas subject to environmental or topographic constraints. An Environmental Study conducted by Universal Engineering indicated the potential for listed species on the subject property, however there was no evidence of any listed species on site. The Study does recommend certain protection measures be taken prior to and during construction to ensure the protection of any listed species. There are no wetlands on the subject property. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for CPA-1909. City of Edgewater Page 2 of 2 Printed on 10/3/2019 powered by LegistarTM rl �y g oker ED G E WATER Subject Property N lo,a^�� Date: alzonoss 1-1 r St �f F.I)GEWATE]Z ®Subject Property ME` Dace: Wzonoie m Existing Subject Property Parcalc- EDGETNAPER City of Edgewater Future Land Use Map ® Sublect P-P-v Conser d. 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O .❖.❖.❖.❖.❖.;.:.:.:.:.�.�.�.�.�.... e..ee....... ....... a.. ,.•. -Commercial ...:.:..:❖:❖:❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖. , c-...................................................... Sustainable Com—ity DevN t ♦♦ ♦•• •••••{•••••••••••••••••••••••••••••••••••••••••••••••♦ ♦•••••1••••••••••••••••♦••••••••••••••••••••••••••••••♦ \ ••.••.•••••••••••••••••.••.••.••.••.••••••••••••••••••� ,y .o..m..mi......mo....o..,. ♦••••fir••••••••••••••••••••••••••••♦ •.- 2 E13 File #: FP-1902, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: FP-1902 - Michael J. Good, requesting Final Plat approval for the Woodbridge Lakes subdivision. OWNER: KBC Woodbridge, LLC REQUESTED ACTION: Recommendation to City Council for Final Plat approval for the Woodbridge Lakes subdivision. LOCATION: South of 30t' Street, between San Remo and Indian River Elementary School. AREA: 30± acres PROPOSED USE: 103 lot single family residential subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FL UM Designation Zoning District North Single Family Residential Medium Density Residential R-4 (Multi -Family Residential) East Single Family Residential Medium Density Residential RPUD (Residential Planned Unit Development) South Vacant Volusia County Urban Low Intensity Volusia County R-3 (Urban Single Family Residential) West Indian River Elementary School Public P/SP (Public/Semi-Public Background: The subject property is proposed for a 103-unit single family residential subdivision. An RPUD Agreement was approved by Council on May 1, 2017 and subsequently amended to allow additional building and impervious coverage on May 7, 2018. City Council approved the preliminary plat on June 4, 2018; the Technical Review Committee reviewed and approved the Construction Plans and the pre -construction meeting was held on March 26, 2019. Upon completion of the infrastructure and acceptance by the City, the Plat shall be recorded with the Clerk of Circuit Court thereby permitting the issuance of building permits for the individual residences. The Final Plat has been reviewed by the Technical Review Committee, City Attorney and Surveyor for consistency with the PUD Agreement, Land Development Code and Florida Statutes. City of Edgewater Page 1 of 2 Printed on 10/3/2019 powered by LegistarTM File #: FP-1902, Version: 1 Land Use Compatibility: The subject property is adjacent to San Remo and Meadow Lakes, both single family residential subdivisions, and Indian River Elementary School. The addition of Woodbridge Lakes it consistent with the existing residential uses. Adequate Public Facilities: The property has access via 30" Street; all required infrastructure will be constructed prior to the platting of individual lots. Comprehensive Plan Consistency: The proposed development is consistent with the Medium Density Residential Future Land Use designation and shall not exceed a maximum density of eight (8) dwelling units per acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for FP-1902. City of Edgewater Page 2 of 2 Printed on 10/3/2019 powered by LegistarTM Ah f} k or 0 ► lot lap 777 Ik vo* fs 4L x 0; ,Google E&th .1p A018 G'pgle % '40 �k6berts Rd AWN- # sop Jk A IL 28TH ST 2 G� MEADOW LAKE DR Z Y A (P 4 O�pVER�DGE Cr mL O Q �G ROBERTS RD N Z O O,p ZO 9� f O� O `G i ,oy ie N 2 EDG YATEI, 0 � p JO�GO ® Subject Property G 9 0 D•.: v2=017 p.ID RD WOODBRIDGE PLAT.dwg SHT1 8/29/2019 10:02:35 k"ll"MAD L 1006114i'm "40 MWOUDA WE' M� US �W%010 A PORTION OF THE NE 1/4 OF SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, FLORIDA, BEING A REPLAT OF LOTS 17, 18 AND 19, OF EDGEWATER COUNTRY ESTATES (UNIT #1), RECORDED IN MAP BOOK 11, PAGE 247 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. LEGAL DESCRIPTION: LOTS 17, 18 AND 19, OF EDGEWATER COUNTRY ESTATES (UNIT #1), ACCORDING TO PLAT THEREOF, RECORDED IN MAP BOOK 11, PAGE 247 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. 1) "NOTICE" THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 2) DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. 3) BEARING STRUCTURE BASED ON NAD 83 FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FOOT, WITH THE BEARING ON THE NORTHERLY RIGHT OF WAY LINE OF ROBERTS ROAD BEING S89'13'15"W; (S89'20'33"W PER MB 41, PISS 115-116, MEADOW LAKE SUBDIVISION)). 4) ■ DENOTES PERMANENT REFERENCE MONUMENT SET 4"X4" CONCRETE MONUMENT STAMPED PRM LB 3019. o DENOTES PERMANENT REFERENCE MONUMENT FOUND 4"X4" CONCRETE MONUMENT STAMPED PRM RLS 6723 DENOTES NAIL & CAP SET STAMPED PRM LB 3019. 5) UTILITIES IN UTILITY EASEMENTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, PUBLIC UTILITIES, NATURAL GAS, ELECTRIC (INCLUDING FLORIDA POWER & LIGHT CO.), TELEPHONE, CABLE TV 6) THE STREET FRONTAGE OF ALL TRACTS AND LOTS DEPICTED ON THIS PLAT ARE SUBJECT TO A 10.00 FOOT WIDE UTILITY EASEMENT. ALL PLATTED EASEMENTS, EXCLUSIVE OF PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY, SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGE. THIS SECTION SHALL NOT APPLY TO THOSE PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY, SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE NATIONAL ELECTRICAL SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. 7) ALL LINES INTERSECTING CURVES ARE RADIAL UNLESS SHOWN AS NON -RADIAL AND NOTED (NR) 8) COORDINATE VALUES SHOWN HEREON BASED UPON FLORIDA STATE PLANE COORDINATE SYSTEM (EAST ZONE) NAD 83 DATUM. 9) NOTE: ALL MEASUREMENTS REFER TO HORIZONTAL PLANE IN ACCORDANCE WITH THE DEFINITION OF THE U.S. SURVEY FOOT OR METER ADOPTED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. ALL MEASUREMENTS SHALL USE THE 39.37/12=3.28083333333 EQUATION FOR CONVERSION FROM A U.S. FOOT TO METERS. 10) TOTAL NUMBER OF LOTS =103 TOTAL NUMBER OF TRACTS =3 11) PER F.S. 177.081(3) "WHEN A TRACT OR PARCEL OF LAND HAS BEEN SUBDIVIDED AND A PLAT THEREOF BEARING THE DEDICATION OF THE OWNERS OF RECORD AND MORTGAGEES HAVING A RECORD INTEREST IN THE LANDS SUBDIVIDED, AND WHEN THE APPROVAL OF THE GOVERNING BODY HAS BEEN SECURED AND RECORDED IN COMPLIANCE WITH THIS PART, ALL STREETS, ALLEYS, EASEMENTS, RIGHTS OF WAY, AND PUBLIC AREAS SHOWN ON SUCH PLAT, UNLESS OTHERWISE STATED, SHALL BE DEEMED TO HAVE BEEN DEDICATED TO THE PUBLIC FOR THE USES AND PURPOSES THEREON STATED. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED AS CREATING AN OBLIGATION UPON ANY GOVERNING BODY TO PERFORM ANY ACT OF CONSTRUCTION OR MAINTENANCE WITHIN SUCH DEDICATED AREAS EXCEPT WHEN THE OBLIGATION IS VOLUNTARILY ASSUMED BY THE GOVERNING BODY" 12) ALL LOT WIDTHS MEET OR EXCEED THE MINIMUM REQUIRED DIMENSION OF 50 FT. AS MEASURED AT THE FRONT SETBACK LINE. 13) THIS PLAT IS SUBJECT TO THE FOLLOWING EASEMENTS: 15' FP&L EASEMENT - ORB 3036, PG 1254; 10' RIGHT OF WAY EASEMENT - ORB 3449, PG 101; 10' UTILITY EASEMENT (LOT 17 ONLY) - ORB 4683, PG 3261; 10' UTILITY EASEMENT (LOT 17 ONLY) - ORB 4854, PG 1881; 15' TEMPORARY UTILITY EASEMENT (LOT 17 ONLY) ORB 4683, PG 3261 14) THIS PLAT IS SUBJECT TO ST JOHNS RIVER WATER MANAGEMENT DISTRICT CONSERVATION EASEMENTS AS DESCRIBED IN OFFICIAL RECORDS BOOK . PAGE OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND SHOWN HEREON. 15) THIS PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WOODBRIDGE LAKES, RECORDED IN O.R. BOOK 7395, PAGE 2958 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. 16) THE SIGN EASEMENTS SHOWN HEREON SHALL BE MAINTAINED BY THE WOODBRIDGE LAKES AT EDGEWATER HOMEOWNERS ASSOCIATION, INC.. ZONING NOTES: (O.R.B. 7395, PAGE 2958) NO LOT SHALL EXCEED A MAXIMUM BUILDING COVERAGE OF 30% WITH A MAXIMUM IMPERVIOUS COVERAGE OF 60%. MINIMUM LOT SIZE: AREA: 5,750 SQUARE FEET WIDTH: 50 FEET DEPTH: 115 FEET MINIMUM HOUSE SQUARE FOOTAGE: 1200 SQUARE FEET LIVING AREA W/ 2 CAR GARAGE MINIMUM YARD SIZE AND SETBACKS: FRONT: 20 FEET REAR: 15 FEET SIDE: 5 FEET SIDE CORNER: 15 FEET MAXIMUM HEIGTH: 35 FEET SWIMMING POOLS: 5 FEET FROM REAR PROPERTY LINE TO POOL DECK EDGE >K r ; STATE ROAD 442 (INDIAN RIVER BLVD.) � c o in 0 0 Z m ROBERTS ROAD Z v o emuA j0 z y FLORIDA no "si m -� SHORES v)CA � m SUBDIVISION p L 0 AREA=30.26 ACRES C VICINITY MAP NOT TO SCALE LEGEND A DELTA OR CENTRAL ANGLE R RADIUS L ARC LENGTH CB CHORD BEARING C CHORD LENGTH LB LICENSED BUSINESS LS LAND SURVEYOR R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK MB MAP BOOK PG PAGE SQ.FT. SQUARE FEET FT. FEET SEC SECTION ST. STREET RD. ROAD DR. DRIVE BLVD. BOULEVARD PCP PERMANENT CONTROL POINT DE DRAINAGE EASEMENT CORP. COPORATE/CORPORATION U.E. UTILITY EASEMENT PRM PERMANENT REFERENCE MARKER T.U.E. TEMPORARY UTILITY EASEMENT CERTIFICATION OF APPROVAL OF THE CITY IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM SUBDIVISION PLATTING REQUIREMENTS AS SET FORTH IN SECTION 21-1 OF THE CITY OF EDGEWATER LAND DEVELOPMENT CODE CITY ENGINEER RANDY COSLOW, P.E., FL REG. NO. 72269 ENGINEER CITY OF EDGEWATER, FLORIDA PLAT BOOK PAGE DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT KBC WOODBRIDGE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEING THE OWNER IN FEE SIMPLE OF THE LANDS DESCRIBED IN THE ATTACHED PLAT, ENTITLED WOODBRIDGE LAKES, LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, DO HEREBY DEDICATE SUNSET VIEW DRIVE AND OLD MILL POND ROAD TO THE CITY OF EDGEWATER FOR PROPER PURPOSES AND DEDICATE AND CONVEY THE OTHER INTERESTS AS SET FORTH IN THIS PLAT. UNLESS OTHERWISE NOTED ON THE PLAT, ALL EASEMENTS ARE DEDICATED TO THE PERPETUAL USE OF THE PUBLIC. TRACTS "A" AND "C" ARE HEREBY DEDICATED AND CONVEYED TO THE WOODBRIDGE LAKES AT EDGEWATER HOME OWNERS ASSOCIATION, INC. FOR DRAINAGE PURPOSES AND USE AS COMMON AREA. TRACT "B" IS HEREBY DEDICATED AND CONVEYED TO THE WOODBRIDGE LAKES AT EDGEWATER HOME OWNERS ASSOCIATION, INC. FOR CONSERVATION AND OPEN SPACE. IN WITNESS WHEREOF, KBC WOODBRIDGE LLC, A FLORIDA LIMITED LIABILITY COMPANY HAS CAUSED THESE PRESENTS TO BE SIGNED, SEALED AND ATTESTED TO BY THE PERSONS NAMED BELOW ON THIS DAY OF 20_. SIGNED AND SEALED IN THE PRESENCE OF: PRINTED NAME: PRINTED NAME: STATE OF FLORIDA COUNTY OF VOLUSIA KBC WOODBRIDGE LLC, A FLORIDA LIMITED LIABILITY COMPANY, 1590 BOBBY LEE POINT, SANFORD, FL 32771 BY PRESIDENT CORP. SEAL THIS IS TO CERTIFY THAT ON __________________1 20___, BEFORE ME, AN OFFICER DULY AUTHORIZED TO TAKE ACKNOWLEDGMENTS IN THE STATE AND COUNTY AFORESAID, PERSONALLY APPEARED , WHO EXECUTED THE FOREGOING DEDICATION AND ACKNOWLEDGED THE EXECUTION THEREOF. (IS)_____(IS NOT)____ KNOWN TO ME OR HAS PRODUCED_____________________ AS IDENTIFICATION AND SHE (HAS) __________(HAS NOT)_ _TAKEN OATH. IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND AND SEAL ON THE ABOVE DATE. NOTARY PUBLIC MY COMMISSION EXPIRES: TITLE/RANK: COMMISSION NUMBER: CERTIFICATE OF APPROVAL OF THE CITY COUNCIL IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE CITY COUNCIL OF EDGEWATER, FLORIDA, THIS _____ DAY OF , 20_. MAYOR CERTIFICATE OF APPROVAL OF THE CLERK OF THE CIRCUIT COURT I, ____, CLERK OF THE CIRCUIT COURT OF VOLUSIA COUNTY, FLORIDA, DO HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED, AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE LAWS OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK ------- PAGE(S) __------------ OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THIS _____ DAY OF ----------------- 20__. CLERK OF THE CIRCUIT COURT VOLUSIA COUNTY, FLORIDA CERTIFICATE OF APPROVAL OF THE CITY CLERK THIS STATEMENT HEREBY CERTIFIES THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS AS SET FORTH IN THE WOODBRIDGE LAKES RPUD AGREEMENT. BY: CITY CLERK, EDGEWATER, FLORIDA CERTIFICATE OF APPROVAL OF THE CITY ATTORNEY THIS PLAT IS APPROVED AS TO FORM. CITY ATTORNEY CITY OF EDGEWATER, FLORIDA CERTIFICATE OF CITY SURVEYOR I HEREBY CERTIFY, THAT I HAVE REVIEWED THE FOREGOING PLAT AND FIND THAT IT IS IN CONFORMITY WITH CHAPTER 177, PART 1, FLORIDA STATUTES. REVIEWING FOR THE CITY OF EDGEWATER, D. WAYNE WRIGHT P.L.S. 4014, STATE OF FLORIDA HONEYCUTT & ASSOCIATES, INC. 3700 SOUTH WASHINGTON AVENUE TITUSVILLE, FLORIDA 32780 L.B. 6762 CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A LICENSED AND REGISTERED SURVEYOR AND MAPPER, DOES HEREBY CERTIFY THAT ON , THE SURVEY WAS COMPLETED OF THE LANDS AS SHOWN ON THE FOREGOING PLAT; THAT SAID PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED; THAT SAID PLAT WAS PREPARED UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION, THAT THE SURVEY DATA COMPLIES WITH ALL OF THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AND THAT SAID LAND IS LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA. DATE: 20 J.E. ZAPERT, P.L.S. NO. 4046 SLIGER & ASSOCIATES, INC. L.B. NO. 3019 3921 NOVA ROAD, PORT ORANGE, FLORIDA 32127 (386) 761-5385 PREPARED BY: SEAL SLIGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS LICENSED BUSINESS CERTIFICATION #3019 3921 NOVA ROAD PORT ORANGE, FL. 32127 (386) 761-5385 SHEET 1 OF 2 Prepared by D Hitchcock I 8/29/2019 WOODBRIDGE PLAT.dwg SHT2 8/29/2019 10:01:14 PLAT BOOK PAGE W00DBRlDC]j'rE LAKESAT ED',r]_,',EWATER A PORTION OF THE NE 1/4 OF SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, FLORIDA, BEING A REPLAT OF LOTS 17, 18 AND 19, OF EDGEWATER COUNTRY ESTATES (UNIT #1), GENERAL NOTES RECORDED IN MAP BOOK 11, PAGE 247 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. 1) "NOTICE" THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON LEGAL DESCRIPTION: LOTS 17, 18 AND 19, OF EDGEWATER COUNTRY ESTATES (UNIT #1), ACCORDING TO PLAT THEREOF, RECORDED IN MAP BOOK 11, PAGE 247 OF THE PUBLIC RECORDS OF VOLUSIA THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. COUNTY, FLORIDA. 2) DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. N:1676878.1309 E: 691253.8640 LINE BEARING DISTANCE L1 S19'47'15"E 43.93' L2 N8916'02"E 60.36' L3 S52'58'16"E 58.63' L4 S4610'42"E 20.82' L5 N45-52'07"E 23.45' L6 NO2'42'13"E 33.91' L7 N88'40'00"E 31.13' L8 N440411"E 33 05' L9 3) BEARING STRUCTURE BASED ON NAD 83 FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FOOT, WITH THE BEARING ON THE NORTHERLY RIGHT OF WAY LINE OF ROBERTS ROAD BEING S8913'15"W; (S89'20'33"W PER MB 41, PGS 115-116, MEADOW LAKE SUBDIVISION)). LYNNE GARDENS EDGEWATER COUNTRY M.B. E PG. 132 4) ■ DENOTES PERMANENT REFERENCE MONUMENT SET MEADOW LAKE SUBDIVISION ESTATES (UNIT 11) 4"X4" CONCRETE MONUMENT STAMPED PRM LB 3019. M.B. 19, PG. 132 M.B. 11, PG. 247 Z o DENOTES PERMANENT REFERENCE MONUMENT FOUND LlO'U.E. LOT 11 _S2 LOT 6 4"X4" CONCRETE MONUMENT STAMPED PRM RLS 6723 ip � D LOT as / LOT 4s I LOT so I Lor 51 LOT 1 -I LOT 27 p DENOTES NAIL & CAP SET STAMPED PCP LB 3019. 10' U.E. ORB 4683, PG 3261 �J15' T.U.E. ORB 4683, PG 3261 15.00' FP&L EASEMENT ORB 3036,�PG 1254 - - \ 5) UTILITIES IN UTILITY EASEMENTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, PUBLIC UTILITIES, NATURAL GAS, ORB 4683, PG 3261 _ _ _ s - I - 10 R W DEDICATION ELECTRIC (INCLUDING FLORIDA POWER & LIGHT CO.), TELEPHONE, CABLE TV 15' U.E. ORB 4854, PG 1881 / 15' FP&L EASEMENT ROBERTS ROAD (60.00' PUBLIC R/W) o S89'20'33-W 389.58' �¶.0� N:1676889.6981 6) THE STREET FRONTAGE OF ALL TRACTS AND LOTS DEPICTED ON THIS PLAT ARE SUBJECT TO A 10.00 FOOT ORB 3036, PG 1254 10' R/W EASEMENT SIGN EASEMENT Cl E:692261.7977 10' R/W DEDICATION EASEMENT WIDE UTILITY EASEMENT. ALL PLATTED EASEMENTS, EXCLUSIVE OF PRIVATE EASEMENTS GRANTED TO OR 10' R/W DEDICATION N89'20'33"E ORB 3449, PG 101 N89'2p'33-E 100&00` 5.00 - _ - - _ - OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY, SHALL ALSO BE EASEMENTS UMM_ _ _ FOR THE CONSTRUCTION INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; f3 E - -177.12` - 117.69' - •57,- 50.00 -50.00' -59.04` � �'1 �.96' _50•00� � �� 138 63` - - HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SHALL _� Z o 'fl } - 336.00' . 31•09' INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN CF.LOT t THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY \� P , N n Z U g �, �„ co �, v, w w 43 `�0 RESPONSIBLE FOR THE DAMAGE. THIS SECTION SHALL NOT APPLY TO THOSE PRIVATE EASEMENTS GRANTED TO TRACT B W rn �„ cr o S� $ S - N $ $ w b P S ''' w N i OR OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY, SUCH CONSTRUCTION, r.i S� g $N �m -v - Q _ v 0� `� RECOVERED7 INSTALLATION, MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE NATIONAL ELECTRICAL SAFETY CODE AS COMMON AREA Z A=74'45'30- 4LBj C.M. ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION 5.27 ACRES tj S ti E �� 24.37' R=75.00' Lor 2 LB# 3019 59•04' I 50.96' 50.00' 50.00' 50.00' CB=S53 7) ALL LINES INTERSECTING CURVES ARE RADIAL UNLESS SHOWN AS NON -RADIAL AND NOTED (NR) � � #� C� CB=S5316'42'E N89'20'33'E N89'20'33-E g'� CH=91.06' ST. JOHN'S RIVER WATER `� 15773' 275.33 12111 8) COORDINATE VALUES SHOWN HEREON BASED UPON FLORIDA STATE PLANE COORDINATE SYSTEM (EAST ZONE) MANAGEMENT DISTRICT SJRWMD� $ 8 CO 8 NAD 83 DATUM. CONSERVATION SEMEN 107.73 [� " N 70.78' 73,55' 80.99'j LOT 3 9 NOTE: ALL MEASUREMENTS REFER TO HORIZONTAL PLANE IN ACCORDANCE WITH THE DEFINITION OF THE U.S. O.R.B. � PG. - - C11 ,T vsL � � 5 42 ) A=10514'10" " 1/ �" "' cp �' 25. 5� 8 SURVEY FOOT OR METER ADOPTED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. ALL R=125.00' ��.� �` o L `'' o -' `f► 25� 11 o MEASUREMENTS SHALL USE THE 39.37/12=3.28083333333 EQUATION FOR CONVERSION FROM A U.S. FOOT TO L=229.59' ` METERS. CH= 9 65' � � NR 4 Al N14'�'23•E N14+E 115•� $ LOT 4 10) TOTAL NUMBER OF LOTS =103 TOTAL NUMBER OF TRACTS =3 S45'39'27"E y 35.36' O�cy r -o off° o a � 0 oa CP o EDGEWATER COUNTRY N ESTATES (UNIT 11) s M.B. 11, PG. 247 ti o CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH Cl 90'00 00 25.00 39.27 S45'39 27 E 35.36 C2 90'00 00 25.00 39.27 S44'20 33 W 35.36 C3 '30'05" 150.00' 1.31' S89'05'31"W 1.31' C4 19'30'09" 150.00' 51.06' S79'05'24"W 50.81' C5 2720 45 150.00 58.50 S58'09 57 W 58.13 C6 50'18 46 150.00 131.72 S21'5012 W 127.53 C7 12'34 27 150.00 32.92 S09'36 24 E 32.85 C8 10514'10" 150.00' 275.51' S3643'28"W 238.38' C9 1'59'52" 100.00' 3.49' S1453'41"E 3.49' C10 63745 100.00 168.65 N34'25 07 E 149.36 C11 636 33 100.00 11.54 N86'0217 E 11.53 C12 1051410 100.00 183.67 N36'43 28 E 158.92 C13 90'00'00" 25.00' 39.27' S4539'27"E 35.36' C14 14'43'57" 150.00' 38.57' S08'01'25"E 38.46' C15 '3013 150.00 1.32 S15'38 30 E 3-2 C16 151410 150.00 39.89 S08'16 32 E 39.77 C17 20'49 42 60.00 21.81 S26'18 28 E 21.69 C18 40'07'39" 60.00' 42.02' S5647'08"E 41.17' C19 30'22'44" 60.00' 31.81' N87'57'40"E 31.44' C20 87'44 29 60.00 91.88 N28'54 04 E 83.16 C21 15'28 46 60.00 16.21 N2433 26 W 16.16 C22 6325 57 60.00 66.43 N64.00 47 W 63.09 C23 259'50'09" 60.00' 272.10' N3411'19"E 92.04' C24 79'50'09" 25.00' 34.83' N55'48'41"W 32.08' C25 151410 100.00 26.59 N0816 32 W 26.51 C26 90'00 00 25.00 39.27 N44'20 33 E 35.36 C27 7445 30 50.00 65.24 S53'16 42 E 60.71 C28 91'59'52" 75.00' 120.42' S30'05'59"W 107.90' C29 912'05" 300.00' 48.18' S80'41'57"W 48.13' C30 '44 37 300.00 3.89 S85'4018 W 3.89 C31 5641 300.00 52.07 S81.0415 W 52.01 C32 77'45 07 75.00 101.78 N55'04 50 W 94.15 C33 8'05'06" 125.00' 17.64' S19'56'10"E 17.62' C34 19'22'55" 125.00' 42.28' S33'40'10"E 42.08' C35 19'55 43 125.00 43.48 S531 929 E 43.26 C36 19'36 53 125.00 42.79 S73'05 47 E 42.58 C37 11'03 00 125.00 24.11 S88'25 49 E 24.08 C38 78'03'47" 125.00' 170.31' S5455'30"E 157.44' C39 956'41" 350.00' 60.75' N81'04'15"E 60.67' C40 26'3415 125.00 57.97 N62'48 47 E 57.45 C41 191818 125.00 42.12 N39'52 31 E 41.92 C42 19'20 40 125.00 42.20 N20'33 02 E 42.00 C43 19708 39 125.00 41.77 N0118 23 E 41.57 C44 737'59" 125.00' 16.65' N12'04'57"W 16.64' C45 5945 125.00 200.70 N 30'05 57 E 179.83 C46 20'13 48 100.00 35.31 S26'00 50 E 35.13 C47 2152 25 100.00 38.18 S47'03 57 E 37.95 C48 17'4814 100.00 31.07 S66'S416 E 30.95 C49 14'51'04" 100.00' 25.92' S83'13'55"E 25.85' C50 74'45 31 100.00 130.48 N5316 41 W 121.42 C51 90,00 00 25.00 39.27 N45'39 27 W 35.36 C52 90'00 00 25.00 39.27 N44'20 33 E 35.36 C53 '18 40 75.00 0.41 N 16 02 57 W 0.41 C54 1514'10" 125.00' 33.24' S08'16'32"E 33.14' C55 78'03 47 100.00 136.25 N54'55 NO W 125.95 I� 0 100 200 300 1 "=100' V8445'42-W rn(NR) N14 D E 123� off+ 116 11500 94.85 g4 �' �, N $ °' 11) PER F.S. 177.081(3) "WHEN A TRACT OR PARCEL OF LAND HAS BEEN SUBDIVIDED AND A PLAT THEREOF 114 $ 01 `� "' `r S 00' S BEARING THE DEDICATION OF THE OWNERS OF RECORD AND MORTGAGEES HAVING A RECORD INTEREST IN THE 11 LANDS SUBDIVIDED, AND WHEN THE APPROVAL OF THE GOVERNING BODY HAS BEEN SECURED AND RECORDED IN dp 25� g N 3•E 11� `� 00 `� -{ 115•� �' COMPLIANCE WITH THIS PART, ALL STREETS, ALLEYS, EASEMENTS, RIGHTS OF WAY, AND PUBLIC AREAS SHOWN � 13.69 � N14�2 � N G w 115 � 8 � rn S � `� LOT s � AN REMO -. `� ON SUCH PLAT, UNLESS OTHERWISE STATED, SHALL BE DEEMED TO HAVE BEEN DEDICATED TO THE PUBLIC FOR 115� 16 g (P `" 0 $ 'off •E a $ °� 1 11�d0 �' P.U.D. M.B. 49, THE USES AND PURPOSES THEREON STATED. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED AS CREATING AN , 0 115• 8 G N14 11500 \ G r' g' OBLIGATION UPON ANY GOVERNING BODY TO PERFORM ANY ACT OF CONSTRUCTION OR MAINTENANCE WITHIN n cr 115 rn 8 PGS. 62-63 i n � � � , � S � \ SUCH DEDICATED AREAS EXCEPT WHEN THE OBLIGATION IS VOLUNTARILY ASSUMED BY THE GOVERNING BODY" �\ �° r o `� `S ��o 115� LOT s rA 115.d� `S o 11501D `S lz $ 12) ALL LOT WIDTHS MEET OR EXCEED THE MINIMUM REQUIRED DIMENSION OF 50 FT. AS MEASURED AT THE P S O `S o $ Q C? �10'm pE 8 FRONT SETBACK LINE. Is_ 4l•44 •E 11� S 115•� `�$ N14,�R1 S 115dp �, 11� $ 13) THIS PLAT IS SUBJECT TO THE FOLLOWING EASEMENTS: 15' FP&L EASEMENT - ORB 3036, PG 1254; 10' d RIGHT OF WAY EASEMENT - ORB 3449, PG 101; 10' UTILITY EASEMENT LOT 17 ONLY ORB 4683, PG 3261; LOT 7 10' UTILITY EASEMENT (LOT 17 ONLY) - ORB 4854, PG 1881; 15' TEMPORARY UTILITY EASEMENT (LOT 17 ONLY) g O 11500 S $ 1150p ORB 4683, PG 3261 11 j� $ 2 115� 23 40 35' S $ $ 0 14) THIS PLAT IS SUBJECT TO ST JOHNS RIVER WATER MANAGEMENT DISTRICT CONSERVATION EASEMENTS AS DESCRIBED IN y S o OFFICIAL RECORDS BOOK . PAGE OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND SHOWN HEREON, 00 Y, O 115 S ��g w S 11500 `S LOT 8 11 S ` �6 C19 �, i 115pd �;`,�� S 15) THIS PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER DECLARATION OF COVENANTS, CONDITIONS, AND o S �111� a �, iFz ', `� RESTRICTIONS FOR WOODBRIDGE LAKES, RECORDED IN O.R. BOOK 7395, PAGE 2958 OF THE PUBLIC RECORDS OF VOLUSIA 115•� �, so g O �` $ COUNTY, FLORIDA. $ 0 115.E i S 16) THE SIGN EASEMENTS SHOWN HEREON SHALL BE MAINTAINED BY THE WOODBRIDGE LAKES HOMEOWNERS ASSOCIATION. s N g T LOT 9 � J o 5249 S 115•00 S s` 11w S `S `r . 101.81' 115dD `S r i `� S o�w 8 514w N 81.60' 42,E 235.91 w S p $ r" 11500 o $ N79'O9 P 8 Q 115� 8 LOT 10 a T7 -`RPG PREA 115•, � � � � o vg N 115.00 115� $ CGMMG EPSEMEN� s y w, T $ $ w �Rp,\NPGE GRES 115� 8 0\ T, o S A A P U, O S LOT 11 LOT �$ 115.00 115QD S 3 `t ` S 115.00 ` RLOC • -� w S -;0 115 $ G S C- LOT 12 115.00' o p0 `S `� - 1 11`5� 19 `S o C S 115� S w v1+N w a SUNE -' P o_ +gyp 114 p3 $ °� 25. N81'41 04 E LOT t3 $ 115.00 `' 115�o S U Sl6'0`� Q `�' 15•� `N 117N m n � N $ $ S86-02 36'W 242.01 36.52' 1 C m M 51.11' S OA `S 115 S 52.17' 51.11' \ \51.11' \ 14.2a o o � S79 ` Z LOT 115 o l f o\ o o c g j 1 177'15'F LOT 14 BLOC S n 23.w NR o 0 0 `r o$ g N 4375 " :9 N OID 115� � o o � �, S^ �� 1 • TO D 115� a 25�CO o 2198 �' •PtSg. 51 �'\ 51. 51C ' N16 Eg G� �8i�`'�E' TRACT A N Cu N141624 `irS C31 139 3�9?, rn �, A=91'59'52' m Lo g N86'02' 6�'F 2 ��s• ,�562 R=100.OIY -U BLOC L=160.57' c� ' C37 C N:1675574.4881 E: 691625.0579 FOUND 4X4" C.M. 12048 (N46-50'54 E 0. 18) UNPLATTED TAX PARCEL ID #841100000030 OWNER: LEON N. ALCANTARA 258.34 N8�9.49'g1 �1%4Cfi 21�6g R=325 ,41"00' 551'w 1 1 CH 143.W=NJU87 59 E cn 4t2� (L,'8----381'04'15'W TRACT C N6� TRACT B �_�'9 �; � COMMON AREA NOT COMMON AREA�0 DRAINAGE EASEMENT 5.27 ACRE 0.97 ACRE TRA B ST. JOHN'S RIVER WATER o�" N:1675586.4850 ` B MANAGEMENT DISTRICT SJRWMD c^ E:692633.0064 CONSERVATION SEMEN O.R.B. - PG. LEGEND 0 DELTA OR CENTRAL ANGLE R RADIUS L ARC LENGTH CB CHORD BEARING C CHORD LENGTH LB LICENSED BUSINESS LS LAND SURVEYOR R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK MB MAP BOOK PG PAGE SQ.FT. SQUARE FEET FT. FEET SEC SECTION ST. STREET RD. ROAD DR. DRIVE BLVD. BOULEVARD PCP PERMANENT CONTROL POINT DE DRAINAGE EASEMENT CORP. COPORATE/CORPORATION U.E. UTILITY EASEMENT PRM PERMANENT REFERENCE MARKER T.U.E. TEMPORARY UTILITY EASEMENT 828.81' 179.21 1 l mqm S UNE OF 7HE N.E. 114 SEC. 11, TNP.18 S, RGE 34 E FOUND 4X4" C.M. LS 5095 LOT 1 FOUND 4X4" C.M. BLOCK UNPLATTED WITH IRON ROD TAX PARCEL ID #841100000010 (NO LD. OWNER: LEON N. ALCANTARA (MAJoRIn OF C.M. PREPARED BY: ABOVE GROUND) S29'17 51 "E, 2.11 ' SLI GER & ASSOCIATES, INC. 4 PROFESSIONAL LAND SURVEYORS LICENSED BUSINESS CERTIFICATION #3019 3921 NOVA ROAD 2 PORT ORANGE, FL. 32127 (386) 761-5385 SHEET 2 OF 2 Prepared by D Hitchcock I 8/29/2019